Western Australian Current Acts

PROPERTY LAW ACT 1969 - SECT 34

34 .         Instruments required to be in writing

        (1)         Subject to the provisions hereinafter contained in this Act with respect to the creation of interests in land by parol —

            (a)         no interest in land is capable of being created or disposed of except by writing signed by the person creating or conveying the interest, or by his agent thereunto lawfully authorised in writing, or by will, or by operation of law;

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

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

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