Cases involving the Trusts of Land and Appointment of
Trustees Act 1996, the means through which the court can determine the extent
of a party’s interest in a property or piece of land and how this interest
should be dealt with, are some of the most complex matters which family law
practitioners will come across.
Before taking on such a case, it is essential that you
are familiar with the various steps involved when pursuing and defending TOLATA
applications; This session will take you through the pre- TOLATA proceedings right
through to the actual proceedings and trial, if applicable.
Claims under the TOLATA 1996 Act depend heavily on
evidence. This session will examine the type of evidence which must be gathered
in respect of TOLATA applications and the issues which this can present, such
as whether anything is in writing and whether the client’s evidence of proof is
enough to establish what their intentions were in respect of the ownership of
Delivered by Datalaw favourite Safda Mahmood, this family
law course will consider the following:
- Resulting trust
- The requirements in respect of constructive trust, with
reference to the case of Oxley v Hiscock 
- Proprietary Estoppel, with reference to the case of
Matharu v Matharu 
- Part 8 or Part 7 TOLATA claims
- Practice Direction – Pre-Action Conduct and Protocols
What are the requirements?
- Watch the recorded webinar and complete the short quiz to test your legal knowledge.
- On completion of this course you will:
- • Understand the various stages of TOLATA proceedings and the steps which must be followed when making TOLATA applications
- • Have received guidance on how to take instructions from the client in support of their TOLATA claim
- • Be familiar with the guidance contained within Practice Direction – Pre-Action Conduct and Protocols
- • Have considered key TOLATA case law
What is the target audience?
- This course is suitable for qualified family law practitioners