Mascall v Mascall

Mascall v Mascall
Court	Court of Appeal
Citation(s)	[1984] EWCA Civ 10, (1984) 50 P&CR 119
Keywords
Trusts

Mascall v Mascall [1984] EWCA Civ 10 is an English trusts law case, concerning the requirements of registration and formalities, related to trust law.

Facts

A father wished to transfer land to his son. He made and gave him a deed of transfer and the land certificate. Then they fell out, and the father changed his mind. The son had not yet gone through with the registration at HM Land Registry. The father argued that it was still his property.^[1]

Judgment

Lawton LJ and Browne-Wilkinson LJ gave judgments holding that the property belonged to the son in equity, and was held on trust for the son by the father, because the father had done everything in his power to make the transfer effective. Although without registration, legal title had not passed, title had passed in equity and the father could not take back his agreement.

Sir Denys Buckley concurred.

Trust certainty cases

Knight v Knight (1840) 49 ER 58

Jones v Lock (1865) 1 Ch App 25

Paul v Constance [1976] EWCA Civ 2

Sprange v Barnard (1789) 2 Bro CC 585

Boyce v Boyce (1849) 16 Sim 476

Palmer v Simmonds (1854) 2 Drew 221

Re London Wine Co (Shippers) Ltd [1986] PCC 121

Hunter v Moss [1993] EWCA Civ 11

Re Harvard Securities [1997] EWHC Comm 371

In re Roberts (1881-82) LR 19 Ch D 520

Re Gulbenkian’s Settlements [1968] UKHL 5

McPhail v Doulton [1970] UKHL 1

Re Baden’s Deed Trusts (no 2) [1972] EWCA Civ 10

Re Tuck’s Settlement Trusts [1977] EWCA Civ 11

Re Barlow’s Will Trusts [1979] 1 WLR 278

West Yorkshire MCC v District Auditor No 3 [1986] RVR 24

Certainty and English trusts law

English trust law

Notes

↑ [1984] EWCA Civ 10, (1984) 50 P&CR 119

References

External links

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