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Claims under the Trusts of Land and Appointment of Trustees Act 1996: The Substantive Law

“There is, unhappily, no room for sentiment in TOLATA proceedings; the calculation of the beneficial ownership of property does not incorporate principles of fairness or reasonableness.” In this podcast, Thomas Dance, barrister, 1 King’s Bench Walk offers detailed guidance on the substantive law relating to TOLATA claims

Thomas Dance, barrister, 1 King's Bench Walk

The talk includes:

• The importance of obtaining detailed instructions

• The creation of interests in land: express declarations of trust

• The creation of interests in land: resulting and constructive trusts

• Constructive trust or resulting trust?

• Two helpful cases:

• Wodzicki v Wodzicki [2017] EWCA Civ. 95, CA and
• Marr v Collie (Bahamas) [2017] UKPC 17, PC

• Stage One: was there a common intention to share the beneficial ownership of the property?

• Express intention: Rosset I
• An inferred intention: Rosset II
• Detriment

• Stage Two: quantifying the beneficial interest

• Inference
• Imputation
• Barnes v Phillips [2016] HLR 3
• Sandhu v Sandhu [2016] EWCA Civ. 1050

Listen to the introduction for free

Listen to the full podcast

Read the accompanying notes

Answer the CPD related questions

Preview the CPD questions

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