beneficial interest – Law Journals

Cohabitation: No further forward

Daisy Minns Shearer and Emma Williams review the remedies currently available for cohabitants and recommendations for reform Reflecting on the efforts that have been made to reform this area can be frustrating, but when cohabitants’ rights on separation or death have been reviewed over the last 20 years, similar principles have emerged. Campaigners have been …

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TOLATA 1996: No harm done

Hannah Viet examines whether common intention alone will satisfy a change in the parties’ property interests in joint name cohabitant disputes In Hudson v Hathway, there was no dispute as to whether there was an express agreement between the parties, so the sole issue to be determined on appeal was whether the judge at first …

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Trusts: Doing away with the need for detrimental reliance

Guy Holland analyses whether a cohabitee’s beneficial interest can be varied by express agreement alone In finding that detrimental reliance was not the only route to establishing unconscionability, Kerr J has identified a clear distinction between the approach to be adopted in single name and joint name cases. It is well established that detrimental reliance …

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