Beneficial Interest in UK Law

  • Establishing A Beneficial Interest In Property
    • Mondaq UK
  • Who can sue for breach of the non-payment terms of a bearer note?
    • JD Supra United Kingdom
    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
    • JD Supra United Kingdom
    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!
    • Mondaq UK
    ... ... 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 ... ...
  • Settlor Not Living "La Dolce Vita" After Singapore High Court Determines A Failure To Surrender Beneficial Interest In Assets
    • Mondaq UK
  • Supreme Court Changes The Rules
    • Mondaq United Kingdom
    ... ... Jones v Kernott [2011] UKSC 53 on the vexed question of how the beneficial shares in a family home owned by an unmarried couple are to be determined ... No declaration was made as to how the beneficial interest in the property was to be held. The couple separated and Mr Kernott moved ... ...
  • Joint Ownership and Avoiding Costly Mistakes
    • Mondaq United Kingdom
    ... ... An express declaration as to how they hold the beneficial interests in the property should be made to prevent any uncertainty ... regarding a declaration as to the share of the beneficial interest in a property he co-owned with J. J and K had bought the property in 1985 ... ...
  • UK Tax Round Up - March 2019
    • JD Supra United Kingdom
    EU developments - European Court rules that withholding tax exemptions under EU Directives can be denied by abuse of rights principle - At the end of February, the Court of Justice of the E...
    ... ... circumstances in which withholding tax exemptions under the EU's Interest and Royalties Directive (IRD) and Parent/Subsidiary Directive (PSD) can be denied on grounds of the recipient not being the "beneficial owner" of the payment (in relation to the IRD) and of abuse of rights (in ... ...
  • Whose Farm Is It Anyway?
    • Mondaq UK
    ... ... v Griffey, the High Court considers whether a co-habitee has a beneficial interest in a property owned solely by her partner ... What were the ... ...
  • Property in 2018: all change
    • JD Supra United Kingdom
    Who says that property law doesn't move with the times? 2018 kicks off with talk of a register of beneficial ownership, consultations on topics as diverse as electronic signatures and chancel repai...
    ... ... move with the times? 2018 kicks off with talk of a register of beneficial ownership, consultations on topics as diverse as electronic signatures and ... We hope you'll read with interest ... Proposals to introduce a register of beneficial ownership of ... ...
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