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Property held on constructive trust for family member

By Mark McLaughlin, July 2024

A property bought in the appellant’s name for his brother, which was later sold to the brother’s wife, was held by the appellant on a resulting trust for his brother who was the sole beneficial owner of the property.  

Summary 

A property bought in the appellant’s name for his brother, which was later sold to the brother’s wife, was held by the appellant on a resulting trust for his brother who was the sole beneficial owner of the property. 

Background 

The appellant owned the leasehold of a property in London since 1989. His brother (X) used the property to trade from. In 2005, X was approached by the freeholder, who wished to sell the property. Due to being made bankrupt in 2004, X could not obtain a loan to buy the property. In March 2005, the property was bought in the appellant’s name for £300,000. In May 2014, the property was sold

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