... where they both have a legal title. If a number of persons wish to own property jointly, in order to avoid possible upcoming disputes, they may do so by creating an express trust of land - in writing - in compliance with the formal requirements of s.53(1)(b) Law of Property Act (LPA) 1925. An express declaration as to the intention of the parties over the beneficial interests in the property, prima facie, will be conclusive: Goodman v Gallant.3 The terms of trust may declare not only the nature of the equitable beneficial interests, but also the quantum of the interests which each party is to own. Such a declaration will cease to be decisive only if one of the parties can secure rectification of the document setting out the equitable interests as in Thames Guarantee Ltd. v Campbell;4 or if it has been procured by fraud or some other vitiating factor ...

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