Wills & Trusts Law Reports | Spring 2021 #182A was survived by C, his sister; H, with whom he had had a relationship; E and F, who were the daughters of A and H; B, with whom A had also had a relationship; and G, the son of A and B. C was one of the executors of A’s will. Each of A and C owned 50% of the shares in X Ltd (the company) and on A’s death C remained a director and was in control of the company. During A’s lifetime, a property (Property 1) was acquired in his name and remained so at his death.
There were three claims following A’s death: (1) H claimed to be the beneficial owner of Property 1 (the property claim); ...
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 …
Continue reading "Beneficial Interests: Defeating creditors: a how (not) to guide"
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Clare Williams analyses claims under the Trusts of Land and Appointment of Trustees Act 1996 and the court’s potential creativity in such cases ‘It is not always easy to find simplicity in a TOLATA 1996 case, particularly where there are interlinked assets and personal relationships involved.’Most family lawyers specialising in financial dispute resolution work mainly …
Continue reading "TOLATA 1996: Unfamiliar territory"
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