Beneficial interests: A cautionary tale

Austin Kemp | Family Law Journal | February 2020 #193
Andrew Scott considers a case in which a successful appeal against an avoidance of disposition order did not alter a finding as to the beneficial ownership of a property ‘The absence of an application is not inevitably fatal to a section 37, MCA 1973 order… but in this case the way in which the order …

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Mousri v Doherty [2019] EWHC 830 (Ch)

Wills & Trusts Law Reports | Web Only

Jones & ors v Firkin-Flood & anor [2008] EWHC 2417 (Ch)

Wills & Trusts Law Reports | Web Only

Beneficial Interests: Defeating creditors: a how (not) to guide

Hardwicke Chambers | Property Law Journal | April 2016 #340
Rupert Higgins considers some cases highlighting the problems with hastily created declarations of trust ‘A guide to defeating creditors is long overdue. So here, too late for Mrs Rahman but for the benefit of readers, is a bluffers’ guide to bluffing.’As controversial political figures go, it would be hard to find a candidate in recent …

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Mills & anr v Mills & anr [2015] EWHC 1522 (CH)

Wills & Trusts Law Reports | November 2015 #154

The claimants brought a part 8 claim for the determination of three issues in relation to a family trust of land on which was operated a family-run plant nursery business. The nursery business was operated through a limited company which was separately owned from the trust and the company paid no rent to the trust for occupation of the land. All parties to the claim were adult members of the family and comprised all of the existing beneficiaries of the trust. The fourth defendant represented the interests of potential unborn beneficiaries. The relief sought by the claimants was unopposed...

Beneficial Interests: When equity is not equality

5 Stone Buildings | Trusts and Estates Law & Tax Journal | May 2015 #166
Sarah Haren explores the lessons from Graham-York v York [2015] on the quantification of beneficial interests in the family home ‘The court’s task is to work out what shares would be fair having regard to the whole course of dealing between them in relation to the property.’The Court of Appeal’s decision in Graham-York v York …

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Independent Trustee Services Ltd v GP Noble Trustees Ltd & ors [2012] EWCA Civ 195

Wills & Trusts Law Reports | September 2012 #122

Anthony Morris (Mr Morris) orchestrated a series of frauds between August 2007 and April 2008 by which £52m was misappropriated from various occupational pension schemes by their trustees, GP Noble Trustees Ltd and BDC Trustees Ltd. The appellant was Independent Trustee Services Ltd (ITS), which had been appointed as trustee of the 1653 pension schemes by the Pensions Regulator in July 2008. Mr Morris was found liable in dishonest assistance for £52m and in knowing receipt for £4.89m by Peter Smith J in July 2010 ([2010] EWHC 1653 (Ch)) (the chancery action).

Mr Morris had married...