header-logo header-logo

04 October 2018 / Mark Warwick
Issue: 7811 / Categories: Features
printer mail-detail

Words & intentions

Can there be an express declaration of trust, without any declaration? Mark Warwick QC investigates

  • Reviews the Court of Appeal decision in Ong v Ping on whether a trust can be created without declaration.

Contrary to expectation, the Court of Appeal recently stated that it is possible to create a trust by express declaration, without there being a declaration. The case in question is Ong v Ping [2017] EWCA Civ 2069, [2017] All ER (D) 68 (Dec). The parties were various family members. On one side was a mother (Jane) and her three children. On the other side was Jane’s brother in law (Ping). In 1988 Jane began litigation, alleging that a large house in Highgate (the house) was held upon trusts in her favour. Nearly 30 years later, after extensive litigation in England and Singapore, an English judge (Morgan J) decided that the house was held upon trusts, but these did not benefit Jane, rather other family members. The Court of Appeal upheld the judge’s decision.

It is in the course of the lead judgment

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll