Continue reading "Trusts of land: What justifies the award of occupation rent?"
Ali v Khatib & ors [2022] WTLR 811
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...
Occupation rent: A fair share
Continue reading "Occupation rent: A fair share"
Gandesha & anr v Gandesha & ors [2020] WTLR 905
Wills & Trusts Law Reports | Autumn 2020 #180The claim involved a 14-bedroomed property in London (the property) which was purchased in 1991 and held upon trust for five brothers as tenants in common in equal shares. It was intended from the outset that the property should be a home for all the brothers and their families. A declaration of trust was executed in June 2015 in order to formalise the arrangement between the brothers.
By the declaration of trust it was declared that the brothers held the property upon trust for sale with power to postpone the sale, and upon trust as to the proceeds of sale and the net rents and p...
TOLATA 1996: Making allowances
Continue reading "TOLATA 1996: Making allowances"
Equitable Accounting: Still relevant
Continue reading "Equitable Accounting: Still relevant"
Davis v Jackson [2017] EWHC 698 (Ch)
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 ...