Kingsley & anr v Kingsley [2020] WTLR 593

Wills & Trusts Law Reports | Summer 2020 #179

The deceased and the respondent were siblings who co-owned farmland in equal shares and used it in a partnership between them (though it was not a partnership asset). After the deceased died, the respondent remained in occupation and continued to farm the land. His executors (the appellants) therefore applied for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

The appellants also claimed an occupation rent, which the respondent admitted she was liable to pay. Before trial, the appellants sought and obtained an interim ord...