Gandesha & anr v Gandesha & ors [2020] WTLR 905

Wills & Trusts Law Reports | Autumn 2020 #180

The claim involved a 14-bedroomed property in London (the property) which was purchased in 1991 and held upon trust for five brothers as tenants in common in equal shares. It was intended from the outset that the property should be a home for all the brothers and their families. A declaration of trust was executed in June 2015 in order to formalise the arrangement between the brothers.

By the declaration of trust it was declared that the brothers held the property upon trust for sale with power to postpone the sale, and upon trust as to the proceeds of sale and the net rents and p...