01603 214 220

Court of Appeal rules that property is not held on trust (North v Wilkinson)

21/03/2018

Author: Mark Fitch

Wills, Tax and Probate, Disputes, Legal Updates

Mark Fitch, Partner, Dispute Resolution and Mediation specialist at Hatch Brenner Solicitors on Theatre Street in Norwich, recently acted for the successful appellant in North v Wilkinson. As reported by LexisNexis, the Court of Appeal ruled on the facts that there were considerable difficulties in the way a sole trader attempted to create a trust of a share of his business. 
 
Mark Fitch commented: “North v Wilkinson emphasises the requisite presence of the three certainties (namely of intention, subject matter and object) when claiming to be the beneficiary of a trust. A court will be prepared to take on a degree of exploration to satisfy itself of the certainty but, without clear evidence, no trust will be found. Bearing in mind the significant and generally irreversible consequences of being party to a trust, this reminder is likely to be welcomed by practitioners across the profession.”
 
For a full copy of the LexisNexis article including the background and details of the court’s decision, click here: North v Wilkinson
 
To contact Mark Fitch, please email markfitch@hatchbrenner.co.uk or call 01603 660 811.

Mark Fitch, Partner, Hatch Brenner Solicitors

If you would like further information about any service, call us on 01603 214220