Detrimental reliance: An unwelcome development

Pump Court Chambers (Chambers of Oba Nsugbe QC) | Property Law Journal | December 2022/January 2023 #403
Oliver Foy explains why the reasoning in Hudson v Hathway is both wrong and undesirable in the context of common intention constructive trusts Common intention on its own does not justify a trust. Something more is needed to obviate s53(1)(b) of the Law of Property Act 1925 and bestow the beneficiary with a beneficial interest. …

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Death And Insolvency: Unhappy bedfellows?

11 Stone Buildings (Chambers of Edward Cohen) | Trusts and Estates Law & Tax Journal | December 2011 #132
Williams v Lawrence exposes the effect of insolvency on a disposal of the deceased’s property made years before the estate was made bankrupt, as Lexa Hilliard QC discusses ‘Contrary to popular assumption, the law has not moved on to such an extent that the spending of money by a person on property they do not …

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