‘A Practical Guide to TOLATA Claims’ by Greg Williams
Published: June 2019
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A practical guide to claims involving the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
This work is intended to serve as a reference guide to the busy cohabitation practitioner. It comprises six chapters providing an insight into the points that typically arise in TOLATA claims: history and terminology; the Act itself with commentary; a detailed analysis of the leading cases including Stack v Dowden and Jones v Kernott; an expanded case law section, including the domestic and investment context; the taking of an account (equitable accounting); and essential procedure (both family and CPR). It will be of use to family and chancery practitioners alike, as well as litigants in person, arbitrators and any other person who wishes to more fully understand property law in the cohabitation context.
Foreword by the Rt Hon Sir Andrew McFarlane, President of the Family Division.
ABOUT THE AUTHOR
Greg Williams is a barrister at Coram Chambers, specialising in Family Finance and Family Property specialist.
His work comprises Financial Remedies; TOLATA (Trusts of Land / Cohabitation disputes); and Private Client / Chancery disputes (typically Inheritance Act 1975 claims and Contested Probate). He also accepts instructions in the Court of Protection in relation to Financial and Property Affairs.
Greg is a member of both the Family Law Bar Association and the Chancery Bar Association.
Chapter 1 – An Introduction to TOLATA
Chapter 2 – The Mechanics of the Act
Chapter 3 – The Ascendancy of the Common Intention Constructive Trust
Chapter 4 – Extended Case Law
Chapter 5 – The Taking of an Account
Chapter 6 – Essential Procedure