Delivery of disposition of equitable interest

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sph93
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#1
Report Thread starter 8 years ago
#1
Hi.

I've got an exam tomorrow on equity and trusts and one topic I'm doing is formalities.

To dispose of an equitable interest the disposition needs to be in writing, signed by the person disposing or his agent thereunto lawfully authorised in writing. s.53(1)(c) LPA 1925.

What about delivery? I've just read a problem question where a guy forgets to post his disposition of the interest and leaves it on his desk. Then he dies.

The formality doesn't state anything about delivery. Having said that, I've done co-ownership and under that severance is effective when it's posted. So that would make me think it would need to be posted to take effect.

Anyone know the answer?
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#2
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Hi there,

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