Where the asset concerned is land, an express written trust is conclusive evidence of the beneficial interests (IHTM15011) subject to the exceptions listed below. The common form of conveyance to two or more persons as beneficial joint tenants (IHTM15082) is an example of a conclusive express trust. The exceptions are:

fraud or mistake

modification by a subsequent agreement (IHTM15041), and

where the interests of spouses are affected by the Matrimonial Proceedings and Property Act 1970/S37 or those of civil partners by the Civil Partnership Act 2004/S65. In view of the IHTA84/S18 exemption for transfers between spouses (IHTM11031) this exception is of limited interest

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