This month’s edition of the Family Law Journal includes an article which is significant for those whose practice includes advising cohabitees: “Challenging a TR1 express declaration of trust: setting the record straight”. Written by Elizabeth Darlington, door tenant at 1GC|Family Law, and Chris Bevan, Associate Professor in Property Law at Nottingham University, it sets out the current legal position where a property is purchased in joint names and there is a properly executed TR1 express declaration of trust (as is now usually the case). It goes on to consider ways in which a properly executed TR1 might be set aside, including undue influence and mistake and also how it might be varied, including proprietary estoppel.
You can view this month's Family Law Journal here.
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