Q&As

On an application under the Trusts of Land and Appointment of Trustees Act 1996 is the court able to 'add back' funds that have been spent by one party? If one party owns land to which another party has a claim and they sell part of the land and use the proceeds to pay off debts not relating to that land, could the amount spent on debts be added back for the purposes of the TOLATA 1996 claim?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 08 September 2016
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The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) is a wide-ranging and powerful statute which allows the court, on the application of a person legally or beneficially interested in land, to exercise the powers of the trustees of that land, ie to declare the beneficial ownership of the relevant property, and to make orders for sale.

Absent any clear declaration (such as a deed of trust), which is conclusive of the beneficial ownership of property, (Goodman v Gallant), residential property will be considered according to constructive trust principles (Stack v Dowden

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Funds definition
What does Funds mean?

A collection of assets managed in accordance with an objective for the mutual benefit of all the investors. The investors' share in a unit-linked life or pensions fund is represented by the number of units within the fund that they have been allocated by the life company.

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