Beneficial Interest in UK Law
-
Gissing v Gissing
“
A resulting, implied or constructive trust—and it is unnecessary for present purposes to distinguish between these three classes of trust—is created by a transaction between the trustee and the cestui qui trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny to the cestui qui trust a beneficial interest in the land acquired.
-
Lloyds Bank Plc v Rosset and Others
“
The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.
-
Grant v Edwards and Another
“
This requires two matters to be demonstrated: (a) That there was a common intention that both should have a beneficial interest; AND (b) That the claimant has acted to his or her detriment on the basis of that common intention.
Where, as in this case, the existence of some beneficial interest in the claimant has been shown, prima facie the interest of the claimant will be that which the parties intended: Gissing v Gissing at page 908G. If proprietary estoppel is established, the court gives effect to it by giving effect to the common intention so far as may fairly be done between the parties. For that purpose, equity is displayed at its most flexible: see Crabb v Arun District Council (1976) Ch 179.
-
Goodman v Gallant
“
If, however, the relevant conveyance contains an express declaration of trust which comprehensively declares the beneficial interests in the property or its proceeds of sale, there is no room for the application of the doctrine of resulting implied or constructive trusts unless and until the conveyance is set aside or rectified; until that event the declaration contained in the document speaks for itself.
-
Oxley v Hiscock
“
But, in a case where there is no evidence of any discussion between them as to the amount of the share which each was to have – and even in a case where the evidence is that there was no discussion on that point – the question still requires an answer. It must now be accepted that (at least in this Court and below) the answer is that each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property.
-
Stack v Dowden
“
Just as the starting point where there is sole legal ownership is sole beneficial ownership, the starting point where there is joint legal ownership is joint beneficial ownership. The onus is upon the person seeking to show that the beneficial ownership is different from the legal ownership. So in sole ownership cases it is upon the non-owner to show that he has any interest at all. In joint ownership cases, it is upon the joint owner who claims to have other than a joint beneficial interest.
-
Wills Act 1837
... ... , and to any undivided Share thereof, and to any Estate, Right, or Interest (other than a Chattel Interest) therein; and the Words ‘Personal ... Execution of any Will to whom or to whose Wife or Husband any beneficial Devise, Legacy, Estate, Interest, Gift, or Appointment, of or affecting ... ...
-
Trustee Act 1850
... ... , of every Tenure or Description, whatever may be the Estate or Interest therein: ... The Word ‘Stock’ shall mean any Fund, Annuity, or ... shall extend to and include Cases where the Trustee has some beneficial Estate or Interest in the Subject of the Trust, and shall extend to and ... ...
-
Limitation Act 1939
... ... arrears of interest in respect of any judgment debt shall ... be recovered after the ... entitled to a beneficial interest in the land either has ... not accrued or has not been barred by ... ...
-
Administration of Estates Act 1925
... ... was entitled for an interest not ceasing on his death shall ... on his death, and notwithstanding any ... of assets; ... ) the beneficial interest in real estate under any ... testamentary disposition; ... ) any ... ...
-
Overreaching In Registered Land Law
Beneficial interests under a trust were not intended to be overriding interests under section 70(1)(g) of the Land Registration Act 1925. The position was altered by Williams & Glyn's Bank Ltd v Bo...... ... iams & Glyn’ s Bank Ltd v Boland , which determined that an interest under a trust for sale would bind a purchaser if the bene¢ciary were ... ...
-
Influence, affluence and media salience: Economic resources and lobbying influence in the European Union
This paper evaluates the circumstances under which affluent interest groups wield influence over policy outcomes. Interest group scholarship is ambiguous about the beneficial role of economic resou...... ... Interes t group scholarsh ip is ambiguous abo ut the beneficial role of economic res ources for lobbying in fluence. Economicall y ... Keywords European Union, influence, interest groups, lobbying Corresponding author: Iskander De Bruycker, Department of ... ...
-
Knowledge management needs security too
Purpose: This paper proposes that research should be conducted in how to manage the tension between the conflicts of interest between knowledge sharing and knowledge protection. Design/methodology...... ... conducted in how to manage the tensionbetween the conflicts of interest between knowledge sharing and knowledge ... ...
-
Understanding co-editing mechanism of wiki-based digital humanities projects
Purpose: The purpose of this paper is to reveal the co-editing mechanism aiming at content creation, and an entry of online encyclopedia is taken as a case, for the purpose of promoting and enhanci...... ... Practical implications –For researchers of WDHPs , it is beneficial to apply online en cyclopedia platformcombining with consens us analysis ... , being a prominent Web 2.0 application, hasreceived intense interest because of its characteristics of collaboration. A certain number ... ...
- Establishing A Beneficial Interest In Property
-
Who can sue for breach of the non-payment terms of a bearer note?
Secure Capital SA (SC) was the owner of the entire beneficial interest in a series of notes issued by Credit Suisse (the Notes). The Notes were governed by English law and issued in bearer form. SC...... Secure Capital SA (SC) was the owner of the entire beneficial interest in a series of notes issued by Credit Suisse (the Notes). The ... ...
-
Mortgage set aside for undue influence but lender still entitled to possession pursuant to its equitable charge
The recent case of Santander UK PLC v. (1) Ashley Shaun Fletcher and (2) Paula Denise Fletcher [2018] EWHC 2778 (Ch) provides a useful reminder of the principles of undue influence in mortgage tran...... ... held, the lender may still have an equitable charge over the beneficial interest of the party who took out the mortgage ... Background ... ... ...
-
I've Spent So Much Money On Our Home, But I Don't Own It!
... ... You have always believed that you had an interest in the house you shared with your partner. After all, why else would you ... , then the presumption in law is that they have 100% of the beneficial interest in the property as well. So, if you are not a legal owner of the ... ...
-
Interim Charging Order
Chancery forms, including claim forms and applications for orders.... ... is satisfied that the judgment debtor is the owner of or has a beneficial interest in the asset described in the schedule to this order (“the ... ...
-
Interim Charging Order (CPR Part 73)
County Court forms including the N1 money claim form.... ... (including any interest and costs); and ... (c) the judgment debtor(s) [is][are] the owner(s) of r [has][have] a beneficial interest in the asset described in the ... schedule below; ... and the ... ...
-
sale of jointly owned property (COP GN2)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... any error it may contain ... I. the donor has a beneficial interest in the trust ... property at the time that the function is ... ...
-
Application under Section 84 of the Law of Property Act 1925 to discharge or modify a restrictive covenant
Lands Chamber (Upper Tribunal) forms including appeals forms.... ... scale of 1:1250 ... 4. Applicant’s interest in the application land ... The applicant’s interest in the application ... a) This is a joint application of all persons with a legal or beneficial interest in the land or is made with their ... I enclose signed consents ... ...