The House set out the requirements for a declaration of trust. The truster must have an intention to make himself trustee of his own property and must also do something equivalent to delivery or transfer of the trust fund. The origin of trusts in Scotland is very different and English law is not a good guide.
Judges:
Lord Reid
Citations:
1971 SC (HL) 45, [1970] UKHL 7, [1970] TR 417, 1971 SLT 62
Links:
Jurisdiction:
Scotland
Cited by:
Cited – Burnett’s Trustee v Grainger and Another HL 4-Mar-2004
A flat was sold, but before the purchasers registered the transfer, the seller was sequestrated, and his trustee registered his own interest as trustee. The buyer complained that the trustee was unjustly enriched.
Held: The Act defined the . .
Lists of cited by and citing cases may be incomplete.
Land, Trusts
Updated: 10 June 2022; Ref: scu.194211