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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Mark Pawlowski examines the principles to be applied when a co-owner or their trustee in bankruptcy claims an occupation rent A co-owner in occupation is not obliged to pay occupation rent merely because they are living in the property and the other co-owner is not, and something more must be shown to make it just …
Continue reading "Occupation rent: A fair share"
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Lehna Gardiner and Greg Williams consider equitable accounting and in particular the circumstances in which an occupation rent may be payable and how it will be calculated ‘Where one party is excluded from the enjoyment of the property, it is likely that a claim to an occupation rent will arise in principle.’ Socrates is reputed …
Continue reading "TOLATA 1996: Making allowances"
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Wills & Trusts Law Reports | Spring 2018 #171W and M were married in 1969 and divorced in 1974. During their marriage, they bought a leasehold property with the proceeds of their former matrimonial home and a mortgage loan for the balance. The benefit of the long lease of the property was conveyed to them as joint tenants. M moved out of the property in 1973 and began divorce proceedings. No steps were taken in the divorce to deal with the ownership of the house, which remained vested in them as joint tenants. After M left the property, W had treated it as his own, insuring, maintaining and improving it and, soon after the divorce,...
Daisy Brown explores how the courts will apply equitable accounting principles to co-owned trust property ‘The basic principle of equitable accounting between co-owners is that the financial benefits and burdens of the trust property are adjusted between them with reference to the proceeds of sale.’ In the judgment handed down on 7 April this year …
Continue reading "Equitable Accounting: Still relevant"
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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 ...
Sarah Greenan examines equitable accounting and the circumstances in which an occupation rent may be payable The decision in Akhtar v Hussein [2012] is an endorsement by the Court of Appeal that in a straightforward case the starting point will be that an occupation rent should be payable to the ousted party and that should …
Continue reading "Equity: Clarifying intentions"
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