Q&As

How can an express declaration of trust be terminated if both parties wish to terminate it? The parties also wish to remove the relevant restriction from the land register by sending a Form RX4.

read titleRead full title

Produced in partnership with Helen Galley of XXIV Old Buildings
Published on: 13 March 2019
imgtext

This question relates to the termination of an express declaration of trust. It is assumed that this is an express declaration of trust relating to real property, eg a declaration by co-owners that they hold upon trust for themselves as tenants in common in equal shares.

Such a declaration of trust could be terminated by the parties entering into a fresh deed supplementary to the previous one, declaring that they have agreed that notwithstanding the previous declaration they agree that, henceforth, they will hold the property upon trust for one of them along or in different

Helen Galley
Helen Galley

XXIV Old Buildings

Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as 鈥渁 first-rate advocate鈥 in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be 鈥渃onsistently able to provide excellent advice in a charming and friendly style鈥 and is 鈥渞esponsive, hugely supportive and extremely user-friendly鈥.

Read moreRead more
Powered by Lexis+庐
Jurisdiction(s):
United Kingdom

Popular documents

Trustees鈥攔emoval of trustees

Trustees鈥攔emoval of trusteesA trustee may be removed against their will in any of the following ways:鈥nder an express power in the trust instrument鈥nder section 36(1) of the Trustee Act 1925 (TA 1925)鈥y court order under TA 1925, s 41鈥y direction of the beneficiaries under section 19 of the

Termination of trusts鈥攎ethods of termination

Termination of trusts鈥攎ethods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the creation of trusts of perpetual or indefinite duration otherwise than for charitable purposes, and by the

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some