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Again, this is something that should be covered in any agreement or declaration of trust.
A similar amount will be payable on any declaration of trust.
The copy of the court order should be kept with the declaration of trust.
They refused to perfect an imperfect gift through a successful declaration of trust.
As both the husband and the wife have an interest in the property, each should be provided with a copy of any declaration of trust.
We are concerned with a declaration of trust".
Such indemnity can be contained in the declaration of trust to be made by the husband and the wife.
As we have seen, the declaration of trust can deal with matters outside the court order, as long as both parties agree.
Any potential problems will hopefully be settled whilst the terms of the declaration of trust are being agreed.
This is the catch in Chris Patten's weekend declaration of trust in local authorities.
It will also seek authorization to amend the declaration of trust to permit the trustees to split the common shares.
In trust law, a settlor who declares that he holds certain property on trust is said to make a declaration of trust.
Further it would not be possible to treat Mr Pagarani's words of gift as a declaration of trust, because they make no reference to trusts.
In the absence of any provision concerning this in the court order, the agreement/ declaration of trust made by the parties should seek to cover this.
Second, sign an undated declaration of trust, listing all the securities that are in your name but which you are holding as trustee for Desere Ellis.
This includes where there is no valid declaration of trust, where there is surplus property, or upon the dissolution of an unincorporated association.
It would then be for the wife's solicitors to draft the relevant conveyance/ transfer and declaration of trust (as appropriate) and submit these to the husband's solicitors.
(h) Declaration of trust If you act for joint buyers, prepare now the declaration of trust mentioned on taking instructions (p17 above).
No separate declaration of trust is required in the case of property acquired after the execution of a will for it to form part of a secret trust.
If the house is placed in the names of outsider trustees, then a separate declaration of trust should be made by them to evidence the terms upon which they hold the property.
The writing required is that of evidence of the declaration and failure to comply with this requirement will render the declaration of trust unenforceable (Leroux v Brown).
The trust provisions in section 61 draw no distinction of consequence between a declaration of trust relating to the whole deposit and one related to a defined part of a deposit.
(iv) Charging Clause-Specific provision should be made for this in the court order as the trustees (particularly if there are infants) cannot give themselves power to charge in the declaration of trust without authority.
Obviously there must be evidence outside the registry of the trusts affecting the former matrimonial home and the declaration of trust set out at Precedent 50 is appropriate both for registered and unregistered land.
Parliament cannot have intended that the right to compensation should turn on fine legal distinctions between an assignee's rights to a deposit under an absolute assignment and a beneficiary's rights under a declaration of trust.