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TLATA Applications

Balancing the Books: Equitable Accounting in Trusts of Land Disputes

Balancing the Books: Equitable Accounting in Trusts of Land Disputes

Introduction This article aims to provide the busy family practitioner with a fairly comprehensive guide to the what, where, when, and how of equitable accounting, specifically in the context of trusts of land, to assist you in getting such claims off on the right footing. In the experience of the

Lloyd Dorian Williams v Gerwyn Lloyd Williams & Ors [2024] EWCA Civ 42

https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/42 King, Asplin, and Nugee LJJ. Family farm. No dispute that applicant/appellant and his parents acquired the property on trust for themselves as equal co-owners. Absent express declaration, did they hold as joint tenants or tenants in common? The applicant, Lloyd

Nilsson & Anor v Cynberg [2024] EWHC 2164 (Ch)

https://caselaw.nationalarchives.gov.uk/ewhc/ch/2024/2164 James Pickering KC sitting as a deputy High Court judge. A declaration of trust is conclusive unless varied by subsequent agreement or affected by proprietary estoppel. A ‘subsequent agreement’ is not limited to those compliant with the LP(MP)A 1989

AW v RH (Preliminary Issue: Third Party Rights), Re [2024] EWFC 54

https://www.bailii.org/ew/cases/EWFC/OJ/2024/54.html HHJ Willans. Dispute with third parties regarding the ownership of two properties and whether they should be treated as matrimonial property. Background The Respondent Husband and SB (the brother of the Respondent Husband) purchased a property (‘No11’) in 1983;

Aldoukhi v Abdullah [2023] EWHC 3438 (Fam)

https://www.bailii.org/ew/cases/EWHC/Fam/2023/3438.html Moor J. Claim for damages in relation to breach of a Part III MFPA 1984 order and TLATA order made in 2021. In 2021 Moor J made orders under Part III MFPA and TLATA proceedings brought by W against

Savage v Savage [2024] EWCA Civ 49

https://www.bailii.org/ew/cases/EWCA/Civ/2024/49.html Moylan, Phillips and Snowden LJJ. An appeal by a minority beneficiary concerning the interpretation of s 15(3) of the Trusts of Land and Appointment of Trustees Act 1996. The question that the court needed to determine was whether

Michael Spencer v Estate of John Spencer (Deceased) & Ors [2023] EWHC 2050 (Ch)

https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2050 Rajah J. Proprietary estoppel case involving a farm including approach to detriment and remedy post-Guest. Applicant Michael Spencer farmed in partnership with his father, John Spencer, deceased, on land owned by John. John’s Will left all his freehold agricultural land