Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2025) Declaration of trust: is it conclusive? New Law Journal, 175 (8109). pp. 12-14. ISSN 0306-6479

Preview	PDF (Author's Accepted Manuscript) 50099 PAWLOWSKI_Declaration_Of_Trust_Is_It_Conclusive_(AAM)_2025.pdf - Accepted Version Download (92kB) | Preview
	PDF (VoR) 50099 PAWLOWSKI_Declaration_Of_Trust_Is_It_Conclusive_(VoR)_2025.pdf - Published Version Restricted to Repository staff only Download (149kB) | Request a copy

Abstract

The article reviews case law establishing that an express declaration of trust could not be overridden by a common intention constructive trust, contrasting the approach taken in Nilsson v Cynberg [2024] EWHC 2164 (Ch) where it was held that subsequent events gave rise to a common intention constructive trust which was capable of overriding a previous express declaration of trust made by the parties before their separation.

Item Type:	Article
Uncontrolled Keywords:	declaration of trust, beneficial interests, beneficial ownership, constructive trusts, family home, joint tenants, proprietary estoppel, variation
Subjects:	K Law > K Law (General) 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)
Last Modified:	24 Mar 2025 13:27
URI:	http://gala.gre.ac.uk/id/eprint/50099

Actions (login required)

View Item

Downloads