Proving declaration of trust

In general, oral testimony is admissable in civil cases. Same rule applies to prove the right-holder has made a declaration of trust. Except: 1) Land: the admissibility rule s.7, 1677 Act> s53(b) 1925 Act: declaration of trust of land must be manifested and proved by some writing s.7 1677 Act is qualified by s.8 1677 Act. s.8 1677 Act> s53(2)1925 Act Purpose is to prevent perjury (偽證罪) long time ago Writing does not have to be pre-dated. It could be post-dated. Gisseng v Gisseng - wrong - the declaration itself does not need to be "in" writing ***s.53(b) is only a rule of evidence. It is not concerned with enforceability, but with proof, a logical prior question Sometimes court allow the evidence to come in. Rochefoucauld v Boustead. CA: the statute designed to prevent fraud could not be used to effect a fraud R v B criteria: i) must be express trust 2) Testamentary trust controverted fact - 反駁 misnomer - 人名誤載 Burden of proof: General rule is he who asserts must prove (e.g.the husband, because he wants to say that wife holds it for him, and it's not a gift). 2 exceptions: i)Not husband or father (e.g. third person, wants to show that husband did not say it's a trust and therefore the transfer is a gift) ii)