Hannah Southon explores a judgment concerning a rarely used power of the court to direct the division of jointly-owned chattels ‘The case serves to underline the fact that if it is important to a donor who desires to dispose of assets by gifting them outright, rather than settling them on trust.’What relief is available from …
Continue reading "Chattels: Cutting the Gordian knot"
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Wills & Trusts Law Reports | November 2016 #164The parties were siblings who jointly owned 502 items of 17th century Chinese porcelain gifted to them by their father between 1987 and 1993 (the Butler Family Collection (the BFC)).
In 2012 the defendants and their father formed a partnership to own and merchandise another 208 such items (formerly owned by their father).
After their father’s death disagreement arose as to what should become of the BFC. The claimants sought to have it distributed. The defendants wished to keep it in tact and made available for scholarly study and exhibition and to exploit certain items comm...
Rachael Donnelly reviews a recent decision, and considers the parties’ specific obligations in relation to items at the premises at the end of a lease ‘If the parties enter into a renewal lease without considering the status of those fixtures, and those items remain in situ, then those items may well become the landlord’s fixtures …
Continue reading "Landlord And Tenant: Chattel, fixture or part of the land?"
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Patricia Robinson highlights the pitfalls of failing to address the division of chattels and outlines the courts’ approach to achieving fairness ‘Where there are issues in relation to chattels between a married couple or civil partners, ss23-24, Matrimonial Causes Act 1973 or Schedule 5 Parts 1 and 2 to the Civil Partnership Act 2004 are …
Continue reading "Chattels: The deal breaker?"
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