Gandesha & anr v Gandesha & ors [2020] WTLR 905

Wills & Trusts Law Reports | Autumn 2020 #180

The claim involved a 14-bedroomed property in London (the property) which was purchased in 1991 and held upon trust for five brothers as tenants in common in equal shares. It was intended from the outset that the property should be a home for all the brothers and their families. A declaration of trust was executed in June 2015 in order to formalise the arrangement between the brothers.

By the declaration of trust it was declared that the brothers held the property upon trust for sale with power to postpone the sale, and upon trust as to the proceeds of sale and the net rents and p...

TOLATA 1996: Making allowances

Lehna Gardiner and Greg Williams consider equitable accounting and in particular the circumstances in which an occupation rent may be payable and how it will be calculated ‘Where one party is excluded from the enjoyment of the property, it is likely that a claim to an occupation rent will arise in principle.’ Socrates is reputed …
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Equitable Accounting: Still relevant

Daisy Brown explores how the courts will apply equitable accounting principles to co-owned trust property ‘The basic principle of equitable accounting between co-owners is that the financial benefits and burdens of the trust property are adjusted between them with reference to the proceeds of sale.’ In the judgment handed down on 7 April this year …
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Davis v Jackson [2017] EWHC 698 (Ch)

Wills & Trusts Law Reports | Summer 2017 #168

The respondents (Rs) are a married couple but at all times after 2001 were estranged and living apart. The wife (R2) purchased a property (the property) in 2003 using monies from another property owned by her and the remainder by interest-only mortgage. The title to the property was in R2’s sole name and she moved in with her children. The husband (R1) never lived in the property.

Shortly after purchase, Rs signed a declaration of trust declaring inter alia that R2 held the property on trust for herself and R1 in equal shares, that she would register R1’s interest and ...