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

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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:	09 Oct 2025 14:59
URI:	https://gala.gre.ac.uk/id/eprint/50099

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