Katherine Hallett highlights a case that demonstrates the weight the court gives to the fact matrix when considering a possible declaration of trust ‘Practitioners should not refer to a “trust” unless they do actually intend to import the full legal meaning of that word into their document.’ Mr and Mrs Singha divorced in 2010. A …
Continue reading "Trusts: When is a ‘trust’ not a trust?"
This post is only available to members.
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...
