England and Wales Case Law

T v T

There was a clear agreement and understanding between the husband and RT that the farmhouse, land, and buildings were not partnership assets. The wife failed to discharge the burden of proof to show otherwise. The mere inclusion of assets in partnership accounts does not make them partnership property. Only those assets reflected in the husband's current and capital account are partnership assets for the purposes of the financial remedy proceedings.

Source excerpt

• Partnership property
• Beneficial interest
• Financial remedies on divorce
• Burden of proof
• Issue estoppel

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Cathryn Joan Galpin v David Pilbeam

The tribunal held that a 2018 agreement validly waived interest on a family loan, so repayment of the £80,000 principal discharged the registered charge.

• Discharge of registered charge
• Waiver of interest
• Repayment of loan
• Attorney powers
• Beneficial interest
• Discharge-of-registered-charge

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Mehar Singh Bhangra & Anor v Baljinder Singh Bhangra

The Tribunal held that the applicants had a beneficial interest in the family home and directed that the Form A restriction remain on title.

• Beneficial interest
• Constructive trust
• Register restriction
• Mortgage contributions
• Family property arrangements
• Beneficial-interest

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Bhangra & Anor v Bhangra

Bhangra & Anor v Bhangra [2026] UKFTT 165 (PC) (16 January 2026)

The Tribunal held that the applicants had a beneficial interest in a family home and refused to cancel a Form A restriction on the title.

• Constructive trust
• Beneficial interest
• Register restriction
• Mortgage contributions
• Family property disputes
• Constructive-trust

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Maxine Reid-Roberts & Anor v Hsiao Mei-Lin & Anor

The High Court dismissed a cross-appeal over beneficial ownership but reduced the postponement of sale and possession of the home from 2032 to 2027.

• Bankruptcy
• Trusts of land
• Beneficial interest
• Exceptional circumstances
• Order for sale
• Mental health in possession proceedings

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Tracy Daly & Anor v Gareth Webber

The court held that Victor John Webber’s estate retained a 50% beneficial interest in the property and that the defendant had not proved any contrary agreement.

• Beneficial interest
• Executor duties
• Assent of property
• Distribution of estate
• Will interpretation
• Beneficial-interest

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Bhima v Kudhail (Beneficial Interest - Resulting Trust - Constructive Trust - Investment Property)

Bhima v Kudhail (Beneficial Interest - Resulting Trust - Constructive Trust - Investment Property) [2025] UKFTT 1448 (PC) (03 November 2025)

The Tribunal found the applicant proved beneficial interests in two flats under a resulting or constructive trust after contributing purchase funds and showing an express investment agreement.

• Beneficial interest
• Resulting trust
• Constructive trust
• Investment property
• Beneficial-interest
• Resulting-trust

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Subhash Bhima v Baljinder Kudhail

The Tribunal held that the applicant proved a beneficial interest in two flats under a resulting or constructive trust and ordered the land registrar to give effect to his applications.

• Beneficial interest
• Resulting trust
• Constructive trust
• Investment property
• Land registration
• Beneficial-interest

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Daniel Family Homes Limited & Anor v Jeffrey Gold & Anor

The judge's findings that Mr and Mrs Gold had no beneficial interest in the property, that no rent agreement existed, and that the £121,000 loan was valid are upheld. Damages for trespass should have been awarded from 2 June 2021 at market rent. Interest on loans becomes payable from 2 June 2021 at a reasonable commercial rate. The costs order stands absent clear error of principle.

Source excerpt

• Beneficial interest
• Proprietary estoppel
• Declaration of trust
• Damages for trespass
• Loan repayment
• Interest on loans

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Bedford v Greig & Anor (Form RX1 application to enter a Form A and Form II restriction - claimed beneficial interest pursuant to a constructive or resulting trust or proprietary estoppel - cohabitees)

Bedford v Greig & Anor (Form RX1 application to enter a Form A and Form II restriction - claimed beneficial interest pursuant to a constructive or resulting trust or proprietary estoppel - cohabitees) [2025] UKFTT 1302 (PC) (16 October 2025)

The tribunal dismissed a cohabitee’s claim to a beneficial interest in Brighton property, finding no proven common intention, resulting trust, or proprietary estoppel.

• Constructive trust
• Resulting trust
• Proprietary estoppel
• Cohabitation
• Beneficial interest
• Land registration

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