... trust is to govern, and meet the requirements of the three certainties; certainty of intention, certainty of subject matter and certainty of objects. These requirements of certainty seem to be met in this situation as Joanne has expressly declared her intention that the specified property (the cottage) be transferred and has also specified to whom it should be transferred. However, as the property in this instance is land various formalities must be adhered to1 if the transfer is to be effective. A crucial requirement is that set out in Law of Property Act 1925 s.52 which states that all conveyances of land are void unless made by deed. This rule was illustrated by the case Richards v Delbridge2 in which a grandfather attempted to create a trust of a leasehold in favour of his grandson through a written assignment to the trustee. However, even though the assignment was in writing ...

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