Why Has the Requirement of a Written Transfer to Effect

question 3

Multiple Choice

Why has the requirement of a written transfer to effect a disposition of a subsisting equitable interest caused such difficulties over the years?

• A) Transferees were often simply unaware of the requirement, and made oral transactions.
• B) Transactions involving equitable interests are complicated, so it was often difficult to effect a written disposition accurately.
• C) Transactions involving beneficial interests are prone to fraud, so that many of the cases that came before court involved complex issues of fraudulent conduct.
• D) Transferees were seeking to avoid paying tax on a written document of transfer by seeking to effect dispositions orally.

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