| Commentary

19 Writing required

| Commentary

19 Writing required

Any disposition of an equitable interest or trust subsisting at the time of the disposition must be made in writing, signed by the person making the disposition or his agent, or by will1. This requirement applies equally to interests in personalty and to interests in land2, and applies to interests which have arisen under constructive, implied or resulting trusts as much as to those the origin of which is more formal3. ‘Disposition’ is widely defined4. It is not enough that the alleged disposition should be evidenced in writing, for example by some memorandum or letter recording

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