The Student Room Group
Uni students - Complete our survey >>
Uni students - Complete our survey >>
Uni students - Complete our survey >>

Trust and Trustees help

I am finding this extremely difficult. Please help I would really appriciate it more than you imagine!

*Roxanne and Oliver bought a house together but it was registered in Roxannes sole name so Oliver's ex-wife could not make a claim against it. Roxanne provided £25,000 for the deposit and took out a mortgage of £225,000
*Oliver paid for all living costs and carried out renovations while the couple lived together. This allowed Roxanne to pay the mortgage. Oliver and Roxanne never married. Their relationship broke down and six months ago Oliver moved out of the house.
* Roxanne has now sold the house for £400,000 and after clearing the mortgage £250,000 was paid into her account (Her bank account was overdrawn by £10,000 at the time.) Roxanne has bought a flat using £200,000 from the proceeds of sale. The flat is registered in her sole name. Roxanne also spent £30,000 to renovate the flat and £5,000 on a painting as a gift for her parents. Leaving £5,000 in her account.

Roxanne has written to Oliver telling him he is entitled to nothing because the property was in her sole name.

Fully explain and the relevant law and advise Oliver if he is entitled to any of the proceeds of sale of the house. On the assumption that he is, explain how this amount will be quantified, how and from whom he can recover the money and what action, if any, he can take to bring about a sale of Roxanne’s flat.


Posted from TSR Mobile
Look at the relevant case law (I assume you have a reading list; the most important stuff is everything from Stack v Dowden onwards). Part 1: has anything given rise to a beneficial interest? Part 2: quantify that beneficial interest if it exists. Part 3: in what property does the beneficial interest exist? I think a lot of this stuff is based on equitable tracing but I'm not certain so someone else can help you with the third bit.

Basically if you've got no idea where to start I suspect you need to read the cases more carefully first time around.
Hi thanks for your response. My current plan is to talk about trusts and different ways they operate. Rule out statutory and express trusts and go into implied trusts. I will then discuss resulting and contructive trusts and go down this avenue. Then discuss the size of benefit and talk about trustee duties and fiduciary relationships.

I suffer from mental illness and the essay is due for Monday and to be honest I have not had a great deal of support from the university. I just cannot fail. Thank you for the reply.


Posted from TSR Mobile
I think you're talking too much about what type of trust it could be. Like, there's no way in hell this is an express trust, it fails formality requirements etc etc. That needs a line to explain away at most.

Okay, sorry if that sounded a little harsh.
Original post by TheDefiniteArticle
I think you're talking too much about what type of trust it could be. Like, there's no way in hell this is an express trust, it fails formality requirements etc etc. That needs a line to explain away at most.

Okay, sorry if that sounded a little harsh.


Could we arrange some private tutoring? I'm not sure on how resulting and constructive trusts work or how they operate


Posted from TSR Mobile
Original post by thelawstudent1
Could we arrange some private tutoring? I'm not sure on how resulting and constructive trusts work or how they operate


Posted from TSR Mobile


Sorry, they're not something I ever knew well so I couldn't help you particularly well. There will be people on this forum who can though.

Quick Reply

Related discussions

Latest

Trending

Trending

Articles for you