Victorian Consolidated Legislation

Property Law Act 1958 - SECT 53

Instruments required to be in writing

53. Instruments required to be in writing



(1) Subject to the provisions hereinafter contained with respect to the
creation of interest in land by parol-

   (a)  no interest in land can be created or disposed of except by writing
        signed by the person creating or conveying the same, or by his agent
        thereunto lawfully authorized in writing, or by will, or by operation
        of law;

   (b)  a declaration of trust respecting any land or any interest therein
        must be manifested and proved by some writing signed by some person
        who is able to declare such trust or by his will;

   (c)  a disposition of an equitable interest or trust subsisting at the time
        of the disposition must be in writing signed by the person disposing
        of the same, or by his agent thereunto lawfully authorized in writing
        or by will.

(2) This section shall not affect the creation or operation of resulting,
implied or constructive trusts.