Trusts pq help

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Zara989898
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#1
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#1
How do I advise a sole owner in a family home PQ? is it constructive, resulting trusts? or another area of law?
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Lawschoolhack
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#2
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(Original post by Law004639)
How do I advise a sole owner in a family home PQ? is it constructive, resulting trusts? or another area of law?
You need to provide more details.
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Zara989898
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(Original post by Lawschoolhack)
You need to provide more details.
I am advising 2 clients in relation to their shares of 2 properties. Client 1 is the sole owner of a house and sole director/shareholder of a business, I understand I have to advise client 2 about any beneficial interest they may have but how do I advise client 1 who has sole ownership of a family home and a business???
im unsure on whether or not constructive, resulting trusts etc should be examined or another area of law such as constitution of trusts is relevant?
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Lawschoolhack
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(Original post by Law004639)
I am advising 2 clients in relation to their shares of 2 properties. Client 1 is the sole owner of a house and sole director/shareholder of a business, I understand I have to advise client 2 about any beneficial interest they may have but how do I advise client 1 who has sole ownership of a family home and a business???

In summary Client 1:
- sole owner of house, subject to a mortgage
- sole director/shareholder of a business (2016)
- In a relationship with Client 2 where Client 2 moved into house (2016)
- Client 2 reduced her working hours to work in Client 1 business, Client 1 gave her around £500/month as thank you gift
- 2020, Client 1 spent his profits from business on trip with friends, Client 2 unhappy with spending, Client 2 gave her extra £5,000
- 2016 Client 1 asked Client 2 if she could help with household finances, she offered to help with mortgage but Client 1 insisted it was under control


im unsure on whether or not constructive, resulting trusts etc should be examined or another area of law such as constitution of trusts is relevant?
You have already posted concerning this question. Did you find my advice helpful?

Is the question in the post you made 6 days ago (James and Elizabeth)? If it is; you are not advising the legal owner (client 1 in your explanation - I think! ). Constitution is not relevant. It's about inferred common intention trusts as advised in my earlier response.

Good luck with it.

Amanda (a.k.a. BiteSizeLaw)
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Zara989898
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(Original post by Lawschoolhack)
You have already posted concerning this question. Did you find my advice helpful?

Is the question in the post you made 6 days ago (James and Elizabeth)? If it is; you are not advising the legal owner (client 1 in your explanation - I think! ). Constitution is not relevant. It's about inferred common intention trusts as advised in my earlier response.

Good luck with it.

Amanda (a.k.a. BiteSizeLaw)
Hi Amanda, you replied in regard to my post regarding Phil and Louise in the family home and business. I need to advise both clients, I understand how to advise Louise but I'm struggling with Phil as he is the sole owner. I hope you can find the thread I am talking about. Your help was great regarding Louise but I'm confused about advising Phil as to whether or not I use the same process of finding CICT's, RT's etc.

Thank you
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Lawschoolhack
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#6
Hello,

I may be getting confused regarding the facts of the question as they have been spread over several posts but the way I see it is that it's the same issue. Both Phil and Louise want to know if she has acquired a beneficial interest in the home. The law is the same. She will want to claim that she has and presumably Phil will want to argue that she hasn't.

I think it's time for me to bow out here before we both get totally confused.
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Zara989898
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#7
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(Original post by Lawschoolhack)
Hello,

I may be getting confused regarding the facts of the question as they have been spread over several posts but the way I see it is that it's the same issue. Both Phil and Louise want to know if she has acquired a beneficial interest in the home. The law is the same. She will want to claim that she has and presumably Phil will want to argue that she hasn't.

I think it's time for me to bow out here before we both get totally confused.
thanks anyways, I just wanted to know if I had to go through CT'S/RT'S etc for Phil to argue she doesn't have a beneficial interest but never mind
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Lawschoolhack
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(Original post by Law004639)
thanks anyways, I just wanted to know if I had to go through CT'S/RT'S etc for Phil to argue she doesn't have a beneficial interest but never mind
Yes - that's what Phil would argue (as I responded above). It's the same issue but you can argue it from both sides. I also suggested that you use Rosset and Stack v Dowden (and other later cases) if you have covered them as part of your course.

Good luck with it.
Amanda
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