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 ...

Richards v Worcestershire County Council & anr [2016] EWHC 1954 (Ch)

Wills & Trusts Law Reports | January/February 2017 #166

The claimant sustained head injuries in a traffic accident in 1984. By 2004, he had been detained under the Mental Health Act 1983 (the 1983 Act), and while in hospital, his responsible medical officer under s34 of the 1983 Act completed a supervision application under s25A in respect of him. This explained that after-care under supervision was necessary for the claimant. It provided for the claimant’s attendance at an outpatient clinic, and cooperation with a care plan, but did not include the details of after-care services.

The ...