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Beneficial ownership of the family home - Where now the resulting trust?

Beneficial ownership of the family home - Where now the resulting trust?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2017) Beneficial ownership of the family home - Where now the resulting trust? Trusts & Trustees, 23 (7). pp. 757-762. ISSN 1363-1780 (Print), 1752-2110 (Online) (doi:https://doi.org/10.1093/tandt/ttx091)

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Abstract

This article seeks to identify those areas where the resulting trust may still have an important role to play in determining beneficial ownership of the family home. Although the modern judicial trend is for the courts to apply constructive trust or proprietary estoppel mechanisms in the family context, the resulting trust remains the appropriate tool for claims where the parties have purchased the property as an investment or are not in a familial or close relationship. There may also be other situations in which the resulting trust may be deployed as an alternative to the common intention constructive trust.

Item Type: Article
Uncontrolled Keywords: Family home, Beneficial ownership, Resulting trusts, Investment, Close relationship, Commercial
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Related URLs:
Last Modified: 10 Jun 2019 15:07
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/17757

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