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Trusts

31 January 2008 / Peter Hungerford-welch
Issue: 7306 / Categories: Case law , Law digest
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Nelson v Greening and Sykes (Builders) Ltd [2007] EWCA Civ 1358, [2007] All ER (D) 270 (Dec)

Nelson v Greening and Sykes (Builders) Ltd [2007] EWCA Civ 1358, [2007] All ER (D) 270 (Dec)

Where a person who is the owner beneficially of property—and the legal estate is vested in another as trustee for him—makes a declaration of trust, the practical effect amounts, or is capable of amounting, to the “getting rid of ” a trust or equitable interest then subsisting. This is not the same as saying that as a matter of law, it does get rid of the intermediate trust. Rather, in the case of a trust and sub-trust of personal property, the trustees may decide that as a matter of practicality, it is more convenient to deal directly with the beneficiary of the sub-trust.

The court added that authorities on trusts of personal property have no application to a case where the trust property is the purchaser’s interest in land created by the existence of an executory contract for sale and purchase.

Issue: 7306 / Categories: Case law , Law digest
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Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

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