Source: All England Reporter
Publisher Citation: [2012] All ER (D) 147 (Apr)
Neutral Citation: [2012] EWHC 919 (Ch)
Court: Chancery Division
Judge:

Briggs J
Representation Simon Goldberg (instructed by Punch Robson) for the claimant.
  Jonathan Rodger (instructed by Latimer Hinks Solicitors) for the defendant.
Judgment Dates: 27 April 2012

Catchwords

Trust and trustee - Breach of trust - Certainty of trust - Claimant being daughter of defendant - Defendant and deceased husband holding property, including rent received, on trust for claimant upon attainment of 25th birthday - Defendant paying defendants part of rent paid on disputed property according to what could afford - Claimant alleging breach of trust by defendant - Whether trust of sufficient certainty - Whether defendant liable to account to claimant in respect of trust - Whether declaration to be granted.

The Case

Trust and trustee Breach of trust. The Chancery Division held that the claimant daughter was entitled to a declaration that the disputed land was held on trust by the defendant mother for her absolutely and to an order for its transfer to her.

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