A TOLATA (Trusts of Land and Appointment of Trustees Act 1996) claim can be a complex process. The best method for avoiding a TOLATA claim is to prevent one arising in the first place by taking pre-emptive measures with any cohabitees. A written agreement between the parties can save a wealth of time and expense on protracted court proceedings.

As a landlord, you have obligations under S11 of the Housing Act 1987 to keep your property in good repair. In particular, you are responsible for:

It is not unusual for property to be co-owned by family members within a farming family, regardless of whether or not those members are actively involved in the farming business.

There has been a flurry of Inheritance Act 1975 cases in the last few weeks, most recently the case of Re H where an adult child claimant was successful despite her being estranged from her father and having had no financial assistance from him for a number of years prior to his death, and he had left his estate to his elderly and disabled spouse.

A recent decision by the First-tier Tribunal has decided that contributions to, and subsequent loans from, a remuneration trust scheme were not ‘earnings’ or disguised remuneration.

I acted for the beneficiary of a trust who was concerned that trust assets to which he was entitled had been maladministered.

Entering into a business partnership is often compared to getting married. There’s optimism, shared ambition, and excitement about the future. But just like in personal relationships, it’s the practical and legal foundations that determine long-term success.

TOLATA stands for The Trusts of Land and Appointment of Trustees Act 1996. It is a law in England and Wales that regulates the relationship between owners of property and those benefitting from that property who are not legal owners

2019 has also seen some interesting developments in the context of Inheritance (Provision for Family and Dependants) Act 1975 proceedings.

Proprietary estoppel is a legal remedy that permits people who, having been promised land, property or a combination of both (usually a farm) and relied on that promise to their detriment, to bring a claim if that promise is reneged on.