Jurisdiction(s):
United Kingdom

Family property trusts after Khan v Khan: email declaration satisfies s53(1)(b) LPA 1925; De Bruyne-type constructive trusts across properties; rental and mortgage accounting ordered (England and Wales)

Published on: 13 November 2024

Published by a LexisNexis Private Client expert

Legal News

Article summary

Khan and others v Khan [2024] EWHC 2491 (Ch)

What are the practical implications of this case?

This decision contributes to the growing jurisprudence on trusts of family property where there is scant or no paperwork. In such matters, the court must reconstruct intentions and make findings from longstanding, informal family arrangements, often stretching back decades, in the absence of formal written records to clarify how interests were intended to be held.

What was the background?

The dispute concerned four addresses: 14 Stapleton Road, 7 Essex Grove, 53 Norbury Crescent and 5 Ullswater. Mr Khan was central to acquiring the Properties, although legal ownership and mortgages were, at times, placed in the names of different children from the outset. The children—Ahmed, Sarwar, Muhammed (the ‘Sons’), together with Shalima, Farhana and Jennifer (the ‘Daughters’)—each asserted differing stakes in the Properties. Through a series of transfers over many years, Muhammed (the defendant) came to hold the legal title to several, though not all, of the relevant freeholds and leaseholds...

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