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This article critiques the Court of Appeal's interpretation of trust declarations and the role of agents in signing for settlors under the Law of Property Act 1925.

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April 26, 2026Open Access

Declaring trusts of land: signature by agents— National Iranian Oil Co v Crescent Gas Corp Ltd Part 1

Key Points

This article critiques the Court of Appeal's interpretation of trust declarations and the role of agents in signing for settlors under the Law of Property Act 1925.
Analysis of the Court of Appeal's decisions in National Iranian Oil Co v Crescent Gas Corp Ltd.
Examination of the implications of the rulings on trust law.
Discussion of legal precedents and interpretations related to the Law of Property Act.
Questions the definition of a declaration of trust as established by the Court.
Challenges the conclusion that an agent can sign on behalf of a settlor for trust creation.
Highlights potential issues arising from the current interpretation of s 53(1)(b).

Abstract

Abstract With the case now expected to go to the Supreme Court, this article is a critical appraisal of two key parts of the Court of Appeal’s decision on Law of Property Act 1925, s 53(1)(b), in National Iranian Oil Co v Crescent Gas Corp Ltd 2025 EWCA Civ 1211, (2025) 28 ITELR 244. First, the ruling regarding what a declaration of trust is; and, secondly, the ruling concerning whether a settlor’s agent is able to sign the required written evidence on the settlor’s behalf for a trust of land. The article questions the Court of Appeal’s conclusions on both points.

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