England and Wales Case Law

KI (Applicant husband) v SI (Respondent wife) (Sham trusts and intervenor proceedings in financial remedy claims)

The DT1 trust deed in favour of JF is void and a sham as it does not reflect the true intentions of the parties and lacks evidential basis; IF has a beneficial interest in SDF under a valid trust (DT2), or alternatively by resulting or constructive trust, entitling him to repayment of £57,500 and 40% of the net sale proceeds, with the remainder split between W and H.

Source excerpt

• Beneficial ownership
• Resulting trust
• Constructive trust
• Sham trust
• Rectification of register
• Declaration of trust

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Martin v Wilkinson & Ors (Re Estate of William Robert Wilkinson)

Martin v Wilkinson & Ors (Re Estate of William Robert Wilkinson) [2025] EWHC 3574 (Ch) (10 November 2025)

At the start of a probate and trust trial, the High Court allowed disputed amendments to the pleaded case to stand and ordered the trial to proceed.

• Declaration of trust
• Beneficial ownership of shares
• Pleading amendments
• Sham trusts
• Case management powers
• Probate-dispute

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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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Daniel Family Homes Ltd & Anor v Gold & Anor

Daniel Family Homes Ltd & Anor v Gold & Anor [2025] EWHC 2697 (Ch) (20 October 2025)

Chancery appeal over property occupation, loans, trust claims, trespass damages and costs. The court upheld most findings but allowed damages for trespass after June 2021.

• Beneficial ownership
• Proprietary estoppel
• Constructive trust
• Resulting trust
• Declaration of trust
• Damages for trespass

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Susan Sullivan v Stephen Sullivan & Ors

Patrick Sullivan made a grave mistake as to the legal character and effect of the Declaration of Trust, believing it to be a non-binding declaration of intent rather than a binding trust. The mistake was central to the transaction, had serious financial and tax consequences, and it would be unconscionable to leave the Trust in place. The Trust is rescinded on grounds of mistake.

Source excerpt

• Rescission of trust
• Mistake
• Inheritance
• Declaration of trust
• Will validity
• Tax consequences

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Sophia Drewe v Bradley Benjamin Drewe

The Tribunal found Bradley Drewe signed a trust deed over 22 Horton Avenue, but set it aside for undue influence and refused the restriction application.

• Declaration of trust
• Forgery
• Restriction
• Undue influence
• Misrepresentation
• Undue-influence

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Drewe v Drewe

Drewe v Drewe [2025] UKFTT 1080 (PC) (15 August 2025)

The Tribunal found a deed of trust was signed but set it aside for undue influence, and refused a restriction on the title to 22 Horton Avenue.

• Declaration of trust
• Undue influence
• Forgery
• Land registration
• Beneficial ownership
• Undue-influence

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Ross v Phillips & Ors

Ross v Phillips & Ors [2025] EWHC 2058 (Ch) (01 August 2025)

The High Court held that a 2015 declaration of trust transferring Chatham properties to a new LLP was invalid and that the properties remained held for the old LLP.

• Beneficial ownership
• Declaration of trust
• Limited liability partnership regulations
• Undue influence
• Abuse of process
• Limitation period

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Sullivan v Sullivan & Ors

Sullivan v Sullivan & Ors [2025] EWHC 1072 (Ch) (09 May 2025)

The High Court rescinded a 2009 declaration of trust over family property after finding Patrick Sullivan signed it under a fundamental mistake as to its legal effect.

• Rescission for mistake
• Declaration of trust
• Inheritance tax
• Capital gains tax
• Probate
• Family property disputes

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Helen Mary Ross v Andrew John Phillips

The declaration of trust was invalid as it represented a change in the nature of the Old LLP’s business and was not made with unanimous consent as required by regulation 7(6) of the Limited Liability Partnerships Regulations 2001. There was no valid LLP agreement displacing the default rule, and the purported appointment of the Old Company as a member was not validly made. The claim is not barred by limitation due to concealment of relevant facts, nor is it an abuse of process.

Source excerpt

• Ownership of property
• Declaration of trust
• Limited liability partnership regulations
• Undue influence
• Abuse of process
• Limitation period

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