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Constructive trusts, illegal purpose and locus poenitentiae

Constructive trusts, illegal purpose and locus poenitentiae

Pawlowski, Mark (2009) Constructive trusts, illegal purpose and locus poenitentiae. Conveyancer and Property Lawyer, 2. pp. 145-153. ISSN 0010-8200

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Abstract

Analyses the Family Division decision in Q v Q on the competing claims of a father and son to beneficial ownership of a house in which the father sought to on a secret agreement entered into with his sons when transferring the property into their joint names, intended to subvert the inheritance tax rules on lifetime gifts by retaining the right to have the property transferred back to him, and the son relied on a later agreement with his brother to transfer the house into his sole name, in reliance on which he and his wife had acted to their detriment by paying for its upkeep and renovation.

Item Type: Article
Uncontrolled Keywords: beneficial ownership, constructive trusts, illegality, objects and purposes, transfer of land,
Subjects: H Social Sciences > HD Industries. Land use. Labor
K Law > K Law (General)
Pre-2014 Departments: School of Humanities & Social Sciences > Law & Criminology Research Group
School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
Related URLs:
Last Modified: 14 Oct 2016 09:03
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
URI: http://gala.gre.ac.uk/id/eprint/1345

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