I had a very interesting case with a fantastic outcome, at least in my view, and I thought I will share with you:
The property had been purchased by the father specifically for his son, our client. From the very day of purchase, it was our client who occupied the property as his home. When he eventually moved out, it was our client who let the property, collected the rental income, and declared that income in his own personal tax filings. No rental income ever passed through the father’s hands; no benefit from the property was ever enjoyed by him. The father’s name appeared on the title — but that, in substance, was all.
In equity, this is a classic resulting trust scenario. Section 53(1)(b) of the Law of Property Act 1925 provides the statutory framework for the creation and evidencing of trusts of land.
The Technical Problem: Identifying a resulting trust is one thing, formalising it, in circumstances where the legal titleholder has since passed away, is quite another.
We got a court order confirming the declaration of trust and confirming that the property was not part of the deceased’s estate.
Read the full case study here: https://www.finawis.com/estateplanning/the-person-who-could-sign-a-trust-had-already-passed-away-no-settlor-no-trust-deed-we-found-another-way/