Constructive trusts: Keeping up with the Jones

Bucks New University | Trusts and Estates Law & Tax Journal | March 2019 #204
Naveed Ali outlines the development of the constructive trust principle to aid cohabitees ‘The court should establish the intentions of the parties with evidence; where intention cannot be inferred, the court may impute an intention which the parties may never have founded.’ The regulation of proprietary rights after a breakdown of marriage is extensive: the …

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Trusts And Property: Declarations of trust in the family home

University of Greenwich | Property Law Journal | April 2013 #308
Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive The Law Commission endorsed the conclusive nature of the declaration of trust in the context of transfers of title to joint owners, stating that, ‘it is essential that courts strictly enforce declarations of trust …

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Trusts And Property: Declarations of trust in the family home

University of Greenwich | Trusts and Estates Law & Tax Journal | April 2013 #145
Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive An express trust may only be challenged on specific grounds that permit rescission or rectification of the formal document. It is accepted as established law that, where the parties execute a trust expressly declaring …

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Undue Influence: Practical justice

5 Stone Buildings | Trusts and Estates Law & Tax Journal | September 2011 #129
The court’s approach in Smith v Cooper sheds light on presumed undue influence in the case of cohabitation, as Anna Clarke relays ‘In circumstances where an actual agreement between the parties is vitiated by undue influence and consequently avoided, it is not proper or possible to impute the same, or virtually the same, agreement to …

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