Wills & Trusts Law Reports | Autumn 2022 #188Title to a property (the property) passed on the death of Mohammed Ali in 2003 to his wife Fateh Bibi (Mrs Bibi). Mrs Bibi died on 11 July 2006, having made a will dated 7 January 1997 (the 1997 will). Under the 1997 will, Mrs Bibi left her residuary estate in equal shares to her children: Farzand Ali, Mohammed Ramzan, Mohammed Iqbal and Parveen Iqbal. In probate proceedings brought in 2012 by Farzand in relation to Mrs Bibi’s estate, an order pronouncing in favour of the 1997 will was made on 24 January 2014 (the 2014 order). The 2014 order also pronounced against a document dated 2 Oct...
John Sharples outlines a case that clarifies occupation rights Ali illustrates the importance of properly analysing the nature of the occupying beneficiary’s interest at the outset and seeking the proper relief on behalf of the proper claimant for the correct amount. In what circumstances can a beneficiary of a trust of land who does not …
Continue reading "Trusts of land: What justifies the award of occupation rent?"
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Wills & Trusts Law Reports | Summer 2017 #168The respondents (Rs) are a married couple but at all times after 2001 were estranged and living apart. The wife (R2) purchased a property (the property) in 2003 using monies from another property owned by her and the remainder by interest-only mortgage. The title to the property was in R2’s sole name and she moved in with her children. The husband (R1) never lived in the property.
Shortly after purchase, Rs signed a declaration of trust declaring inter alia that R2 held the property on trust for herself and R1 in equal shares, that she would register R1’s interest and ...
Ruth Hughes considers the requirements of actual occupation and the level of involvement in a mortgage grant that will prevent a co-owner from claiming priority over the mortgagee A vivid example of the principle that a person prevented from being at a property against his will can nevertheless be in actual occupation of it is …
Continue reading "Co-Owners In Actual Occupation: High priority"
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