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"For my part, I do not think that the time has yet arrived when it is possible to state the law in a way which will deal with all the practical problems which may arise in this difficult field, consistently with everything said in the cases." - Discuss
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"For my part, I do not think that the time has yet arrived when it is possible to state the law in a way which will deal with all the practical problems which may arise in this difficult field, consistently with everything said in the cases." Mustill L.J. in Grant v. Edwards [1986] I Ch 683 @ 651 D-E. Consider whether this statement is still true today. The statement made by Mustill L.J in Grant v Edward (1986),1 raises difficult, but absorbing issues. The courts have frequently expressed the view that it desirable, for the transfer of the property to contain express declaration of trust concerning the beneficial interest. Nevertheless, in reality, this is not always the case. It is frequently encountered, as is always seen in this area of law, that couples do not formulate their intentions at the time of the conveyance and purchase of the property, but consider the...
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