Many thanks to everyone who attended our recent webinar, “The vulnerability of an express declaration of trust” by Julian Reed, Oliver Foy and Rebekah Batt. We hope you found the talk useful and informative.
The webinar explored the vulnerability of express declarations of trust through analysis of key legal cases and historical context, with particular focus on the 2024 Nilsen and Simberg decision that challenged the traditional understanding of these declarations. The discussion examined the distinction between express declarations of trust and common intention constructive trusts, including the importance of formal documentation and potential for variations. The session ended with practical considerations for legal practitioners and a Q&A session addressing procedural questions and the applicability of Nilsen to various property rights scenarios.
If you would like to review the webinar again, you can find the slides here (please email Chelsey Stuart if you would like to re-use the slides for your own purposes).
Julian Reed practices in the areas of inheritance, wills and probate and the overlap with financial remedies.
His practice includes contentious probate matters, acting for both claimants and defendants (including executors) in cases involving the Inheritance (Provision for Family and Dependents) Act 1975. Administration of estates, including insolvent estates, also featured in this practice is dealing with the removal of awkward and recalcitrant Trustees and Executors. Claims concerning the validity of wills by reason of testator’s incapacity, the effects of undue influence, or the satisfaction of formal requirements.
Ollie is ideally suited to cohabitation and co-ownership disputes due to his combination of experience in financial remedies and traditional Chancery work.
He has an established TOLATA practice, with a strong track record of advising and representing clients across a wide spectrum of co-ownership disputes. His work frequently involves issues of constructive trusts, proprietary estoppel and equitable accounting, where he brings both technical precision and strategic insight.
Ollie also has experience in claims under Schedule 1 of the Children Act 1989 and accepts instructions in cases involving financial provision for children, particularly when combined with an application under TOLATA.
Rebekah has a growing practice in cohabitation and co-ownership cases. She accepts instructions in TLATA claims of all kinds, i.e. whether between cohabitees or otherwise, drawing on her experience in both family and property.
In addition, Rebekah has experience in Schedule 1 claims and accepts instructions at all stages.
