TLATA Applications
Balancing the Books: Equitable Accounting in Trusts of Land Disputes
This article aims to provide the busy family practitioner with a fairly comprehensive guide to the what, where, when, and how of equitable accounting, specifically in the context of trusts of land, to assist you in getting such claims off on the right footing.
- Journal
- TLATA Applications
- Cohabitation
- Equitable Accounting
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Lloyd Dorian Williams v Gerwyn Lloyd Williams & Ors [2024] EWCA Civ 421 February 2024
King, Asplin, and Nugee LJJ. Family farm. No dispute that applicant/appellant and his parents acquired the property on trust for themselves as equal co-owners. Absent express declaration, did they hold as joint tenants or tenants in common?
- Cases
- TLATA Applications
- Survivorship (Right Of)
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Nilsson & Anor v Cynberg [2024] EWHC 2164 (Ch)23 August 2024
James Pickering KC sitting as a deputy High Court judge. A declaration of trust is conclusive unless varied by subsequent agreement or affected by proprietary estoppel. A ‘subsequent agreement’ is not limited to those compliant with the LP(MP)A 1989 but can include informally arising constructive trusts.
- Cases
- TLATA Applications
- Agreements
- Bankruptcy
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AW v RH (Preliminary Issue: Third Party Rights), Re [2024] EWFC 545 March 2024
HHJ Willans. Dispute with third parties regarding the ownership of two properties and whether they should be treated as matrimonial property.
- Cases
- Matrimonial and Non-Matrimonial Property
- TLATA Applications
- Trusts of Land
- Third Party Rights
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Aldoukhi v Abdullah [2023] EWHC 3438 (Fam)20 December 2023
Moor J. Claim for damages in relation to breach of a Part III MFPA 1984 order and TLATA order made in 2021.
- Cases
- Sale of Property
- TLATA Applications
- Financial Remedies Court (FRC)
- Damages
- Costs
- Delayed Sale
- Valuations
- Enforcement
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Savage v Savage [2024] EWCA Civ 49
Moylan, Phillips and Snowden LJJ. An appeal by a minority beneficiary concerning the interpretation of s 15(3) of the Trusts of Land and Appointment of Trustees Act 1996.
- Cases
- TLATA Applications
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Michael Spencer v Estate of John Spencer (Deceased) & Ors [2023] EWHC 2050 (Ch)9 August 2023
Rajah J. Proprietary estoppel case involving a farm including approach to detriment and remedy post-Guest.
- Cases
- TLATA Applications
- Proprietary Estoppel
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Teasdale v Carter and Teasdale [2023] EWHC 490 (Fam)7 March 2023
Moor J. Appeal in farming estoppel case with astronomical costs far exceeding the value of the property in question.The first respondent, Ms Carter, was the elder daughter of the appellant mother and second respondent father. During the parents’ fin…
- Cases
- TLATA Applications
- Costs
- Joinder of Third Parties
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Hudson v Hathway [2022] EWCA Civ 164814 December 2022
Lewison, Andrews and Nugee LJJ. Second appeal on whether detriment remained a requirement of a constructive trust, given not mentioned in either Stack or Kernott.Unmarried couple, house in joint names. On separation, parties agreed that Ms Hathaway would…
- Cases
- TLATA Applications
- Detrimental Reliance
- Signature
- s 53 LPA 1925
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Paul v Paul & Ors [2022] EWHC 1638 (Fam)14 June 2022
Moor J.Application by K for reasonable financial provision from estate of her late husband S, and a declaration that the FMH in S’s sole name was held on constructive trust for herself and S’s estate in equal shares. For unknown reasons, as marriage happy…
- Cases
- TLATA Applications
- Inheritance Act Applications
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