Sentences with phrase «express declaration of trust»

She concluded that where a property has been registered in the joint names of a married or cohabiting couple — but with no express declaration of trust — the presumption is that the beneficial interests follow the legal and are equal.

If there is no written express declaration of trust, it is necessary to rely on the principle of an implied trust to claim a beneficial interest in a property.

LMP Resources claimed a share of the hold - back monies (to the extent of its share of production from jointly owned property) on the basis of: (1) an express declaration of trust, (2) a deemed trust under clause 507 of the 1990 CAPL Operating Procedure, and (3) an entitlement to take its share of production in kind.

It is clear that where there has been an express declaration of trust this is conclusive, unless varied by subsequent agreement or affected by proprietary estoppel.

At para 51 of their lead judgment, Lady Hale and Lord Walker set down the following principles to be applied in determining beneficial shares where a family home is held in the joint names of a cohabiting couple without the benefit of any express declaration of trust:

The crucial question at the heart of this particular case was whether, following Mr Kernott's departure from 39 Badger Hall Avenue, an intention between the parties could be found which would rebut the presumption of joint beneficial ownership (which presumption generally arises where there is joint legal ownership and no express declaration of trust that the co-owners should own in anything other than equal shares).

Not exact matches

When asked if Nigerians are ready for voluntary assets declaration, Mr. Zubair said a lot of people have started showing interest and trust in the scheme, which offers confidentiality and expressed belief that the sincerity of the government will arouse greater confidence in the scheme among Nigerians.

Where a property is in the sole name of one cohabitant, in the absence of any express declaration, the doctrine of constructive trusts will need to be carefully considered when trying to establish a benefi cial interest for a non-owner.