Case law relating to TOLATA 1996 claims
Case law relating to TOLATA 1996 claims

The following Family practice note provides comprehensive and up to date legal information covering:

  • Case law relating to TOLATA 1996 claims
  • Stack v Dowden
  • Jones v Kernott
  • Other case law
  • Minor children
  • Interests of secured creditors
  • Wider relationships

This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), including the leading decisions in Stack v Dowden and Jones v Kernott. It also considers case law regarding the welfare of any minor and the interests of any secured creditor of any beneficiary.

See also Practice Note: Eligibility to apply under TOLATA 1996, as to relevant matters for the court and the court's powers.

In relation to practice and procedure, see Practice Notes:

  1. TOLATA 1996—pre-action matters

  2. TOLATA 1996—when to issue in the County Court and when to issue in the High Court

  3. TOLATA 1996—when to use Part 7 and when to use Part 8

  4. TOLATA 1996—procedure

  5. TOLATA 1996—Part 36 offers

Stack v Dowden

The leading case regarding cohabitant disputes is Stack v Dowden, in which the House of Lords’ primary concern was the effect of a conveyance into joint names without an express declaration of the beneficial interests. In her leading judgment, Baroness Hale set out a framework of guidance, including that:

  1. a conveyance into joint names indicates both a legal and beneficial joint tenancy, unless and until the contrary is proved

  2. the court must ascertain the parties' shared intentions, actual, inferred or imputed with respect to the property, in the light of their whole course of conduct in relation to it, and

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