Family property and constructive trusts (Khan and others v Khan)
Private Client analysis: The claimants were five siblings who claimed various beneficial interests in four properties (the ‘Properties’). The defendant, their elder brother, stated that the intention within the family had always been that he, as the eldest, would hold the beneficial titles. The claimants made their claim on the bases of express trust, constructive trust of the type found in De Bruyne v De Bruyne and common intention constructive trust. There were also cross claims for account in regard to rental monies associated with the Properties and a counterclaim for damages for failure to collect rent and install tenants. The claimants were successful on almost every basis. Written by Adam Stewart-Wallace, barrister at Ten Old Square.
CONTACT US
