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DECLARATION OF TRUST

October 1st, 2025 by James Goudie KC

NATIONAL IRANIAN OIL CO v CRESCENT GAS CORPORATION LTD ( 2025 ) EWCA Civ 1211 concerns, over 288 pages, the interpretation and effect of Section 53 (1) (b) of the LAW OF PROPERTY ACT 1925. That provides that a DECLARATION OF TRUST respecting ANY LAND OR INTEREST THEREIN MUST be manifested and proved by some writing signed by some person who is able to declare such trust. The principal questions of interpretation were (1) whether the document evidencing the Declaration of Trust can be signed by an AGENT of the person whose interest in land is subject to the Declaration of Trust and (2) if the answer to that question is, in respect of a natural person, “ No “, how the Section can be complied with by a COMPANY. The appeal also raised consequential questions as to the CONSEQUENCES OF NON-COMPLIANCE.

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