What Form 8865 Dispositions 2023-2024

Hello, I'm Alistair Hudson. The purpose of this podcast is to explain the dispositions of an equitable interest under section 53(1)(c) of the Law of Property Act 1925, as well as the case law that has followed. I will try to draw diagrams and explain how these cases function in less than ten minutes. First, let's remind ourselves of the problem we are concerned with: a situation in which there is a disposition of an equitable interest. According to section 53(1)(c) of the LPA 1925, any disposition of an equitable interest or any interest under a trust requires signed writing. We will look at the cases that have followed this provision in diagrammatic form. Let's start with the case of Gray and the IRC. In this case, a man named Hunter wanted to benefit his six grandchildren's settlements. He had five living grandchildren and a sixth settlement for any grandchildren that were yet unborn. These settlements were created in 1949. In 1955, Hunter decided to transfer valuable shares (18,000 of them) to his grandchildren. However, if he had transferred them outright as a gift, it would have required signed writing in the form of a stock transfer form. So, Hunter's advisors suggested he create a trust. The trustees who already held property on trust for the grandchildren under the various settlements became trustees over the shares in favor of Hunter. The plan was for Hunter to give a verbal instruction to his trustees, stating that instead of holding the shares on trust for him in the future, they would hold them for the six grandchildren. The analysis of the decision in Van de Velde v. The IRC (a House of Lords case that follows Gray and the IRC) is that the trustees stayed in the same place and that an...