During her lifetime, a woman decides to give her cottage in Dorset to her daughter but only on reaching the age of 30. Her daughter is currently 14 years old. During a telephone call, she asks her sister to look after the cottage in Dorset for her daughter until she attains the age of 30 at which point the sister is to transfer the cottage to the woman’s daughter. The sister agrees to hold the cottage in this way.
Has the trust been validly constituted?

Question

During her lifetime, a woman decides to give her cottage in Dorset to her daughter but only on reaching the age of 30. Her daughter is currently 14 years old. During a telephone call, she asks her sister to look after the cottage in Dorset for her daughter until she attains the age of 30 at which point the sister is to transfer the cottage to the woman’s daughter. The sister agrees to hold the cottage in this way. 
 Has the trust been validly constituted?

Answer

Yes, because the woman has communicated the terms of the trust to her sister.

Answer

No, because the woman has not complied with the formalities in s.53 Law of Property Act 1925.

Answer

No, because the woman did not use the word ‘trust’ when speaking to her sister.

Answer

Yes, because the woman has identified the person who will benefit with sufficient certainty.

Answer

No, because the woman did not specify the address of the cottage.

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During her lifetime, a woman decides to give her cottage in Dorset to her daught...

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