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Trust and trustee – Creation of trust. In a dispute between family members in respect of a house purchased by the grandmother of the family in 1986, the Chancery Division held that, on the evidence, L had declared a trust of the house on the terms of a deed of trust. There had been litigation between the first claimant and L from 1988 onwards and the court's findings of fact had implications for orders made in other proceedings, which had been made on the basis that L was the beneficial owner of the house. Accordingly, certain of those orders were set aside on the ground that they had been obtained by the fraud of L.
Trust and trustee – Creation of trust. In a dispute between family members in respect of a house purchased by the grandmother of the family in 1986, the Chancery Division held that, on the evidence, L had declared a trust of the house on the terms of a deed of trust. There had been litigation between the first claimant and L from 1988 onwards and the court's findings of fact had implications for orders made in other proceedings, which had been made on the basis that L was the beneficial owner of the house. Accordingly, certain of those orders were set aside on the ground that they had been obtained by the fraud of L.
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