Our TOLATA solicitors are hugely experienced in dealing with claims under the Trusts of Land and Appointment of Trustees Act 1996. Here is a case study of another success we have had in resolving a TOLATA claim.
David Lees, a solicitor in our Inheritance, Wills, and Trusts Disputes team, has recently settled a dispute between former partners Mr. A and Ms. B, regarding their respective interests in two properties. David represented Mr. A.
Mr. A and Ms. B decided to split up in 2020. At that time they owned a rental property in both their names, and another rental property which was in only Ms. B’s name. Mr A had paid a mid-five figure sum to acquire an interest in the property solely held by Ms. B four years previously. Both properties now have estimated values of low six figure sums.
When Mr. A asserted his right to an interest in the property solely owned by Ms. B she robustly denied that he was entitled to his share. Mr. A consulted David, who advised him that TOLATA allows those who have an interest in a property to assert their ownership of that property, even when the property is not registered in their name.
David therefore arranged to issue a claim at court on Mr. A’s behalf under s14 of the Trust for Land and Appointments Act 1996.
Following negotiations an out of court settlement was achieved which provided for Mr. A to receive payment for his interest in the property solely owned by Ms.B. Mr. A, who privately funded his case, was very pleased with the outcome.
You can read HERE a case study of another of our TOLATA successes, which was funded on a No Win, No Fee basis.
