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
If you do not currently subscribe to Family Law Week and would like to know more please call us on 0870 1453935 or find out more here.