Partner Naomi Ireson looks at using TOLATA to force the sale of a property.
TOLATA, the Trusts of Land and Appointment of Trustees Act, can be used to force the sale of a property. You can rely on TOLATA where you own a share of a property, and a dispute arises with the other owner, or owners, and you wish to force the sale of that property. TOLATA can also be used where a dispute arise between couples (both married and unmarried), or in an inheritance setting when someone has passed away.
Naomi Ireson is a Legal 500 recommended lawyer who specialises in dealing with TOLATA claims nationwide. She has recently won a stunning victory after a vigorously defended five-day trial in the Central London County Court. Naomi relied upon TOLATA in arguing that estate funds had been used by her client’s brother to purchase a property, and that her client (an executor and beneficiary of the estate) was therefore a joint owner of that property.
The judge upheld Naomi’s legal arguments and went on to apply TOLATA to force the sale of the property so that the proceeds could be distributed to the beneficiaries. Naomi, who dealt with the case on a No Win, No Fee basis, was not only successful in forcing a sale but was also able to recover the legal costs from the losing party.
We are proud of our track record of success in pursuing TOLATA claims and you can read about another of our successes at trial here.
