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Valid trust declarations over property not owned by the settlor or over unascertainable property

Wilde, D. (2020) Valid trust declarations over property not owned by the settlor or over unascertainable property. Trusts and Trustees, 26 (2). pp. 168-175. ISSN 1363-1780

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To link to this item DOI: 10.1093/tandt/ttz136

Abstract/Summary

It seems to be widely believed that settlors can never make valid declarations of trust over property that, at the time of the declaration, they do not own; or which is unascertainable then. It is argued that this is a misconception: arising from a failure to distinguish between (1) rules applicable to self-declarations of trust and (2) rules applicable to declarations of trust to be constituted by vesting title to property in others as trustees.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:88622
Publisher:Oxford University Press

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