Restructuring & Insolvency analysis: The High Court granted the applications of trustees in bankruptcy for orders under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and section 335A of the Insolvency Act 1986 (IA 1986) that property which the bankrupts legally owned—but asserted was beneficially owned by their daughters, did in fact vest in the trustees and an order for possession and sale should be made. The case highlights the importance of clear, contemporaneous documentary evidence and a consistent case in circumstances where a person wishes to demonstrate that ownership of a property differs to that which is recorded at the Land Registry (or elsewhere). It is also important to adduce evidence from all relevant witnesses in support of your case. Written by Laura Newbery, legal director at Addleshaw Goddard LLP.
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