The courts will sometimes give effect to oral agreements for the transfer of land. David Sawtell examines recent case law ‘The courts have afforded some considerable protection to trustees and beneficiaries of land from the inadvertent creation of informal rights over property. The unanimity principle has achieved some prominence as a consequence.’ In order to …
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Wills & Trusts Law Reports | September 2015 #152This was the hearing of an application for strike out of a Part 20 claim or alternatively summary judgment in favour of the defendants where the underlying proceedings related to two separate trusts: a settlement of land and other assets created on 18 February 1967 by Charles (the settlement) and a will dated 15 March 1998 of Charles’s son, John, who died on 20 December 2004 (the will fund).
The claimant in the underlying proceedings had sought declaratory relief regarding the construction of a March 2007 deed, alternatively rectification of it, whereby the trustees of the will fu...
