Wills & Trusts Law Reports | July/August 2015 #151The appeal arose from one of what were originally ten test cases in which the defendant home owners (the vendors) were persuaded to sell their properties to purchasers (the purchasers) who promised the vendors the right to remain in their homes after the sale. The purchasers bought the homes with the assistance of mortgages from lenders (the lenders), who were not given notice of the promises to the vendors. Neither the rights of occupation promised by the purchasers to the vendors nor the tenancies granted by the purchasers were permitted by the lenders’ mortgage. Exchange of contracts ...
Mark Pawlowski asks whether a spouse or unmarried partner can acquire a beneficial share in property by relying on the owner’s informal declaration of trust ‘Although an isolated loose conversation will not be enough to uphold a valid declaration of trust (see Jones v Lock [1865]), the repetition of words by the owner, especially in …
Continue reading "Declarations Of Trust: Taking someone at their word"
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