Wills & Trusts Law Reports | September 2016 #162This was an appeal against a declaration that H held only 50 per cent of the beneficial interest in the property. The property was registered in the name of S, the former husband of the respondent.
H and S were childhood friends who had formed a partnership for acquiring properties together in around 1998. H claimed that in 2001 he and S had agreed that H would provide funds to S to aid S to purchase the property, to be repaid within five years. The legal ownership was to be in S’s name only but H was to be the sole beneficial owner until he was repaid in full. Two documents...
In Ong v Ping the court considered a trust where the property held had not been identified. Oliver Hilton explains ‘Where the parties’ intention can be clearly and sufficiently ascertained from the available material and circumstances, the court will not be hamstrung by mere formalities, and will rarely hesitate in finding a way to give …
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