Gaspar v Zaleski and others

Land – Interest in land. The first defendant sought to revoke certain gifts made to his ex-wife (the claimant) following their divorce in Belgium, including the rights in certain property in the United Kingdom. The Belgian appeal court declined to make a ruling in respect of the claimant's beneficial interests in that property and consequently, the claimant commenced proceedings, seeking a declaration that she had a beneficial interest in the property. In ruling on that issue, the Chancery Division held that, on the true construction of a trust deed executed by the parties in 2008, the claimant had a beneficial interest in the property which had not changed in 2009 when the first defendant had bought out the other defendants. Accordingly, the court ordered a sale of the property as sought by the claimant.

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