A solicitor's file note recording that property is to be held 'in safe custody' for the transferor does not necessarily establish a trust where the note, read as a whole and in context, is consistent with a family understanding rather than a trust. The cautionary approach in Watson v Foxman to proof of oral representations applies equally to allegations of oral agreements to deal with property differently from the written record. An informal agreement to re-transfer property between family members must be exercised within a reasonable time and is subject to the formality requirements of ss 23C and 54A of the Conveyancing Act 1919 (NSW).
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