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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll