Rowland v Blades [2022] WTLR 269

Wills & Trusts Law Reports | Spring 2022 #186

The parties were in a relationship from 2006. In 2008 they acquired a property in their joint names which they held as beneficial joint tenants, which was intended for use at weekends and holidays. In 2009 the parties separated. The respondent asked the appellant not to take his new partner to the property, and he agreed. The respondent spent most weekends there until the proceedings commenced and an order for sale was made. The appellant argued that he had been excluded from the property from 2009 until 2018, and claimed occupation rent. The respondent argued the appellant had voluntari...

Khan v Mahmood [2021] WTLR 639

Wills & Trusts Law Reports | Summer 2021 #183

In 1997 the respondent and the appellant jointly purchased a property, contributing to the purchase price equally. The appellant and his family occupied the property. In 2007 the respondent was investigated for benefit fraud, and represented to the local authority that he had no beneficial interest in the property, being merely a nominal trustee for the appellant. He repeated that assertion in evidence before the Magistrates’ Court in defence of criminal charges, and later at the First-tier Tribunal in other proceedings. In March 2007 the respondent signed a form TR1 purporting to ...

O’Neill v Holland [2020] WTLR 1397

Wills & Trusts Law Reports | Winter 2020 #181

This was a second appeal against the decision of HHJ Pelling to overturn the trial judge’s order declaring inter alia that A was a 50% beneficial owner of A and R’s former home (the property) under a common intention constructive trust.

The trial judge had found that A’s father had bought the property in 1998 with the intention that it should be A and R’s family home. In 2008, A’s father had transferred the property to R for nil consideration. The trial judge had found that A’s father intended A to have a beneficial interest in it and had originally planned to transfer it into A a...

Gibbons & anr v Smith & ors [2020] WTLR 947

Wills & Trusts Law Reports | Autumn 2020 #180

The claim concerned two adjacent plots of land on Station Road, Hollingwood near Chesterfield, Derbyshire (Plot 1 and Plot 2, collectively the land). At some point before 1986 a Mr Mills, Mr Hartshorne and Mr Unwin had formed a club for railway workers (the association). Plot 1 was purchased by the three in 1986, the conveyance describing them as the trustees of the association and that they took the plot on trust for the association. In 1990 the same three purchased Plot 2. The conveyance again stated they were purchasing as trustees of an association, but the name of that association w...

Trusts Of Land: A creditor’s prerogative?

Mark Pawlowski reviews the court’s discretionary power to order a sale of the family home at the suit of a secured creditor ‘It has been argued that the court, in exercising its discretion under s15, must not make an order which would constitute a disproportionate interference with the right to private and family life and …
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Magiera v Magiera [2016] EWCA Civ 1292

Wills & Trusts Law Reports | March 2017 #167

The parties were previously married. In 1990, they acquired a house in London in their joint names. In April/May 2014, the wife issued an application under the Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA 1996‘) seeking an order for sale of the house, together with an order that the net proceeds be distributed between herself and her husband in equal shares. The husband contested the jurisdiction of the English court to entertain the wife’s proceedings and applied for them to be dismissed or stayed. The wife argued that England and Wales...

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...

The Pollen Estate Trustee Co Ltd & anr v HMRC [2013] EWCA Civ 753

Wills & Trusts Law Reports | November 2013 #134

The Pollen Estate Trustee Company (PETCL) held various London properties on trust for the beneficiaries of the Pollen Estate Trust (PET). Two of the beneficiaries of the PET were charities, being the Church Commissioners and Greenwich Hospital. From time to time PETCL bought and sold property. The appeal concerned four properties bought by PETCL on behalf of the PET between 2006 and 2008.

KCL is a charity. It operates a shared equity scheme under which it participates in the acquisition of homes for its employees in return for a share in the equity in the property proportionate to...

Creasey & anr v Sole & ors [2013] EWHC 1410 (Ch)

Wills & Trusts Law Reports | July/August 2013 #131

The claimants were the executors of the late Constance Jenkins (M), and, by representation, the executors of the late Kenneth Jenkins (F). F died on 21 October 1995 and M died on 15 January 2005. The defendants, F and M’s children, disputed the devolution of their parents’ estates and the court’s direction was sought.

F and M had owned a farmhouse and land extending to some 210 acres on the Isle of Wight as beneficial tenants in common (Ashey). F and M owned other land, in some cases jointly and in others cases individually. One such further holding consisted of 26 acres, known as...