Beneficial Interest in UK Law

Leading Cases
  • Gissing v Gissing
    • House of Lords
    • 07 July 1970

    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
    • House of Lords
    • 08 May 1990

    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
    • Court of Appeal (Civil Division)
    • 24 March 1986

  • Oxley v Hiscock
    • Court of Appeal (Civil Division)
    • 06 May 2004

    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.

  • Goodman v Gallant
    • Court of Appeal (Civil Division)
    • 30 October 1985

    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.

  • Midland Bank v Cooke and Another
    • Court of Appeal (Civil Division)
    • 07 July 1995

    When the court is proceeding, in cases like the present where the partner without legal title has successfully asserted an equitable interest through direct contribution, to determine (in the absence of express evidence of intention) what proportions the parties must be assumed to have intended for their beneficial ownership, the duty of the judge is to undertake a survey of the whole course of dealing between the parties relevant to their ownership and occupation of the property and their sharing of its burdens and advantages.

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  • Wills Act 1837
    • UK Non-devolved
    • January 01, 1837
    ... ... to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein; and the words personal estate ... 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
    • UK Non-devolved
    • January 01, 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 1980
    • UK Non-devolved
    • January 01, 1980
    ... ... the following provisions of this section, where(a) the estate or interest claimed was an estate or interest in reversion or remainder or any other ... right of action to recover the land of any person entitled to a beneficial interest in the land either has not accrued or has not been barred by this ... ...
  • Charging Orders Act 1979
    • UK Non-devolved
    • January 01, 1979
    ... ... below, a charge may be imposed by a charging order only on(a) any interest held by the debtor beneficially(i) in any asset of a kind mentioned in ... against that person as trustee of the trust, or(ii) the whole beneficial interest under the trust is held by the debtor unencumbered and for his ... ...
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Books & Journal Articles
  • Overreaching In Registered Land Law
    • No. 69-2, March 2006
    • The Modern Law Review
    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
    • No. 21-4, December 2020
    • European Union Politics
    • 0000
    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...
    ... ... paper evaluates the circumstances under which affluent interest groups wield influ-ence over policy outcomes. Interest group scholarship ... ...
  • Knowledge management needs security too
    • No. 36-1, January 2006
    • VINE
    • 45-48
    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
    • No. 72-2, April 2020
    • Aslib Journal of Information Management
    • 199-218
    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 ... ...
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Law Firm Commentaries
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  • Interim Charging Order
    • HM Courts & Tribunals Service court and tribunal forms
    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)
    • HM Courts & Tribunals Service court and tribunal forms
    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)
    • HM Courts & Tribunals Service court and tribunal forms
    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
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
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