Overview
After someone passes away, there can often be disputes about the ownership of property or assets that might form part of their estate.
Disputes regarding the ‘true’ ownership of a property / the deceased’s home will usually be decided by the court under the provisions of the Trusts of Land and Appointment of Trustees (TOLATA) Act 1996.
The court can decide who owns a property (and in what shares) and who can remain in the property.
The most common ways in which someone may claim they have an interest in a property is by way of a ‘resulting’ or ‘constructive’ trust.
Resulting Trust
A resulting trust arises when the beneficial ownership of the trust property returns back to the person who set up the trust.
An example of this is where person A lends funds to person B to assist them with the purchase of a property without entering into an agreement as to what is to happen to the funds. If agreement cannot be reached as to how the property is held, the court may decide that person B is holding all or part of the property on a resulting trust for the benefit of person A.
Constructive Trust
A constructive trust arises where it would be ‘unconscionable’ for person A who holds an asset to deny the beneficial interest of that asset to person B.
An example of this is where person A owns a property and person B has contributed towards the mortgage payments or refurbishment works of a property.
Initial Consultation
Our team has successfully dealt with a range of disputes regarding estate property and assets. If you would like to speak to one of our experts for an initial, no-obligation, consultation to discuss your matter and the options available to you, please send us a message or call 0203 553 7115.
LONDON
ESSEX
I would like to thank you for the way in which you dealt with this matter all the way through. Particularly I would express my thanks for your prompt replies to all enquiries that I raised and for keeping me so well informed of the progress of the case.
Natasha Kelt, Dispute ResolutionI would like to thank you for a superb job well done. When you have never been in the position I found myself in, it was your calm and confident manner that reassured me you would do your very best. I will have no hesitation in recommending you to anyone who requires legal advice.
Jemmar Attfield, CommercialWe would like to thank you and your team so much for all the help and advice we received and for acting in a courteous and professional manner at all times. Thank you also Lee for patiently addressing all the issues we raised and for explaining everything to us so clearly, sometimes repeatedly, until you were satisfied we fully understood the more complex issues with our Wills; you personally, were highly recommended to us by one of your grateful clients. Likewise, we too would not hesitate to highly recommend you to anybody planning to make a Will.
Lee Hibell, Private ClientI cannot praise you and your team enough for the professional way you handled my situation, you have been so kind and reassuring in what has been a very emotional and distressing time.
Melanie Steeples, FamilyI must say her handling of the transaction was first rate and very professional. Always available and she was never afraid to pick up the phone and share information when it was better to communicate that way rather than just email, a blessing in this day and age. Though both parties were keen for a quick exchange she never allowed that pressure to mean she cut any corners with her enquiries and was always working in my best interests.
I will be more than happy to work with her again in the future and will certainly recommend her to friends and associates who require similar services.
Amber Day, PropertyThank you for your prompt and concise response. That certainly makes things very clear and straight forward. Overall thank you for all your help and advice……. Should I need a solicitor in the future I will be sure to call your firm.
Michelle Breindel, Crime & Motoring
