Course description
Most declarations of trust are simple statements set out in a transfer or lease. Nevertheless, much case law in recent years has arisen from non-standard, complex, suspect or unclear trust deeds.
It is imperative that those instructed in the preparation of a non-standard or bespoke trust declaration ensure that they get both their advice and the drafting right first time. This is especially the case because a significant proportion of joint purchasers will become embroiled in a dispute over resale, or over the shares in the equity, of the property.
In light of the above risks, this virtual classroom seminar is designed to look at ways that you can adequately protect yourself and your client when the trust declaration is not straightforward.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
Most declarations of trust are simple statements set out in a transfer or lease.
Nevertheless, much case law in recent years has arisen from non-standard, complex, suspect or unclear trust deeds.
It is imperative that those instructed in the preparation of a non-standard or bespoke trust declaration ensure that they get both their advice and the drafting right first time. This is especially the case because a significant proportion of joint purchasers will become embroiled in a dispute over resale, or over the shares in the equity, of the property.
In the light of the above risks, this virtual classroom seminar is designed look at ways that you can adequately protect yourself and your client when the trust declaration is not straightforward.
What You Will Learn
This live and interactive session will cover the following:
- Why aren’t all trust declarations final and conclusive?
- Understanding the law regarding transfers by A to B on trust for C
- Ascertaining whether the declaration is a sham - e.g., to avoid the consequences of bankruptcy
- Being alert to the creation of bare trusts intended to conceal the beneficial ownership
- The importance of evidencing third party financial contributions
- How to vary an existing declaration
- The risks of pre-emption rights to one party’s detriment
- How to address the perils of undue influence
- Matters that can be addressed in the declaration
- Key risks associated with Right to Buy declarations
Expenses
MBL Seminars Limited
With over 1,000 expert speakers covering more than 3,360 different topics, our course portfolio is vast and can be delivered either online or in-person. With over 450 years of collective professional development experience, we are proud to be trusted to...