Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2024) Declarations of trust and informal variation. Family Law, 54 (7). pp. 916-920.

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Abstract

It is accepted as established law that, where the parties execute a trust expressly declaring their respective beneficial interests in property, this will be conclusive of the parties’ common intention as at the time of the declaration in the absence of fraud, misrepresentation, undue influence or mistake permitting a party to rescind or rectify the trust. Does this principle, however, rule out the possibility of an informal variation of the trust based on later circumstances giving rise to a claim relying on the doctrine of proprietary estoppel? Whilst there is no scope for variation based on a pre-existing equity, several recent cases, notably Bahia v Sidhu [2022] EWHC 875 (Ch) and Re Iqbal [2024] EWHC 49 (Ch), have indicated a willingness to allow an express declaration of trust to be varied or displaced by the informal mechanism of a proprietary estoppel as a result of matters arising after the date of the declaration. If this is correct, it has significant practical implications for those advising clients wishing to challenge the apparent conclusiveness of the parties’ beneficial shares as declared under the terms of an express trust.

Item Type:	Article
Uncontrolled Keywords:	declaration of trust, formality of writing, equity, beneficial entitlement, informal variation, proprietary estoppel, subsequent events, constructive trusts
Subjects:	K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:	Organisation
Last Modified:	01 Aug 2024 15:20
URI:	http://gala.gre.ac.uk/id/eprint/47662

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