The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) is a wide-ranging and powerful statute which allows the court, on the application of a person legally or beneficially interested in land, to exercise the powers of the trustees of that land, ie to declare the beneficial ownership of the relevant property, and to make orders for sale.
Absent any clear declaration (such as a deed of trust), which is conclusive of the beneficial ownership of property, (Goodman v Gallant), residential property will be considered according to constructive trust principles (Stack v Dowden and Jones v Kernott).
Non-residential property will still fall to be considered based upon a resulting trust analysis. See: Laskar v Laskar. See also Practice Notes: Eligibility to apply under TOLATA 1996 and Case law relating to
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