Category Archives: Trusts litigation

Variation of trusts and minors lacking mental capacity: ET v JP and others [2018] EWHC 685 (Ch)

ET v JP & Ors [2018] EWHC 685 (Ch) is a short but an important decision which deals with the question of the boundaries between the Court of Protection and the High Court when considering the variation of a trust on behalf of a minor who will never possess mental capacity. The case concerned an application […]

Curing defectively executed deeds of appointment: English & Ors v Keats & Ors [2018] EWHC 673 (Ch)

One of the joys, in my view, of a Chancery practice, is dusting off principles of ancient standing and applying them to solve modern problems. This case concerns defectively executed deeds that purported to exercise powers of appointment contained within three settlements. The High Court in English & Ors v Keats & Ors [2018] EWHC […]

Presumed resulting trusts of land: NCA v Dong & Ors [2017] EWHC 3116

This is, I must concede, one for the property law geeks (such as myself) who find excitement in the debate over whether or not s.60(3) of the Law of Property Act 1925 has swept away the presumption of a resulting trust upon the gratuitous transfer of land. Chief Master Marsh has weighed into the fray […]