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Topic 6 - Assignment of Equitable Property
70517 - Equity and Trusts
1 Found helpful • 15 Pages • Topic Notes • Year: Pre-2021
LECTURE SUMMRY: 2 Some Examples of Equitable Proprietary Interests 2 Examples of Equitable Choses in Action which can be assigned, but which are not proprietary interests. 2 HOW CAN EQUITABLE PROPERTY BE DEALT WITH/ DISPOSED OF? 2 S. 23C Instruments required to be in writing 3 Assignment: Requirements for assignment in equity 3 1. Intention 4 2. Immediacy 4 3. Irrevocability 4 Writing requirements: transfer of an equitable interest in land 5 Writing requirements: transfer of equitable interest in personal property 5 Assignment of Equitable Choses in Action – s 12 Conveyancing Act? 6 Entitlements of an Equitable Assignee/ transferee (receiver) 6 2. Agreement to Assign Equitable Property 7 Writing requirements: 7 Writing requirements for land: 8 Writing requirements for interests in personal property: 8 3. Declaration of trust 9 Writing requirements: 11 4. Directions to Trustee 11 1. Simple direction to trustee hold the equitable interest on trust for a new beneficiary 11 2. Direction to trustee to transfer legal title to a third party and therefore wind up the trust. 12 Rule in Saunders v Vautier 12 FUTURE PROPERTY 13
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