Mark Pawlowski examines recent case law on resulting trusts, the presumption of advancement and joint borrowing under a mortgage ‘The court reiterated the view, expressed in Gorman, that prima facie, if the purchase is financed in whole or in part on mortgage, the person who undertook liability for the mortgage repayments, as between joint owners, …
Continue reading "Trusts: Who owns what?"
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Wills & Trusts Law Reports | November 2014 #144Mr Quaintance (the defendant) appealed against the decision of HHJ Ellis granted on 24 May 2012. The original decision had been made in a contested application made by Miss Tandan (the claimant) under the Trusts of Land and Trustees Act 1996 for a determination of shares in a property (the property). The outcome of the decision was that the net proceeds of sale following the discharge of the mortgage currently being held by the mortgagee should all be paid to the claimant. Half of these had been paid to the claimant following the decision. The defendant appealed in respect of th...
Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive The Law Commission endorsed the conclusive nature of the declaration of trust in the context of transfers of title to joint owners, stating that, ‘it is essential that courts strictly enforce declarations of trust …
Continue reading "Trusts And Property: Declarations of trust in the family home"
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Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive An express trust may only be challenged on specific grounds that permit rescission or rectification of the formal document. It is accepted as established law that, where the parties execute a trust expressly declaring …
Continue reading "Trusts And Property: Declarations of trust in the family home"
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