Chemcem Scotland Ltd v Beaton

Trust and trustee – Creation of trust – Transfer of heritable properties – Requirement of writing for constitution of trust. Sheriff Court: In an action in which the pursuer sought declarator that the transfer to the defender of certain heritable properties was a conveyance and transfer in trust for behoof of the pursuer and that the defender held the properties in trust, the court concluded that the defender's challenge to the relevancy of the pursuer's case failed as writing was not required in order that the trust could be constituted; in the absence of a clear statutory direction that the constitution of a trust relating to heritage required writing, the court was of the view that it did not.

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