... of equitable interest are concerned, evidence is needed since it often is the only indicator of where a particular right resides at any given time. As wills take effect upon the death of a testator/trix it essential that their wishes are know with precision. Hence writing enables the executor of the will to administer it according to the deceased's intentions. However as case demonstrate the formality requirements are not always satisfied. The courts have been faced therefore often with difficult scenarios where there are evidence of the intentions of a party, but only an oral agreement exists. Hence in taking a more facilitative approach and giving effect to such trusts/ dispositions the courts have significantly undermined the statutory formalities provisions. This could by no means be seen as a satisfactory state of the law. But as shall be demonstrated the cases have often involved very complex situations and difficult issues ...

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