Q&As

Can an application be made under the Trusts of Land and Appointment of Trustees Act 1996 for a declaration in relation to property or land situated outside the jurisdiction of England and Wales?

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Published on LexisPSL on 05/03/2021

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Can an application be made under the Trusts of Land and Appointment of Trustees Act 1996 for a declaration in relation to property or land situated outside the jurisdiction of England and Wales?

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court, on the application of any person who is a trustee of land or has an interest in property subject to a trust of land, to make any such order relating to the exercise by the trustees of any of their functions, or declaring the nature or extent of a person’s interest in property subject to the trust as the court thinks fit. Property that is jointly owned is held on a trust of land, ordinarily for the trustees themselves beneficially. Property can also be held in the sole name of the legal owner, but held on trust for others who need not include the legal owner. Where a party wishes to contend that they have a beneficial interest in property to which they are not named as a legal owner, or where there is a dispute as to the extent of a beneficial interest, a

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