Last Updated on 10th March 2025
TOLATA and will disputes: An overview of the law
We offer a variety of funding options for TOLATA and will disputes, including No Win – No Fee. Contact us for a free consultation on 0333 888 0407 or email [email protected]
We specialise in in TOLATA and will disputes, dealing with cases throughout England and Wales. This is a brief overview of the legal position governing these types of claim.
What is TOLATA?
TOLATA, the Trusts of Land and Appointment of Trustees Act 1996, regulates disputes over property ownership, governing the legal rights of trustees and beneficiaries in relation to land held in trust.
The Act is commonly applied in relation to ownership disputes between cohabiting, unmarried couples, as well as cases where a beneficial interest in a property is being claimed.
TOLATA can also be relied upon in relation to inheritance and will disputes.
When might TOLATA be applied in the context of an inheritance dispute?
There are various scenarios where the Act can be applied in the context of an inheritance dispute:
- where someone contributes money to buy a property but their name is not on the title deeds, and that property is then left to a third party in a will;
- where there is an understanding that someone will benefit from shared ownership but that agreement has not been honoured in the will, and a claim for a beneficial interest through a constructive trust arises. In such situations the court will take into account any financial contributions that have been made, including mortgage payments, household bills and payments for repairs and renovations;
- Where a promise has been made by a person who has died and someone has acted upon that promise to their detriment, then the Act can be used alongside a claim for proprietary estoppel if the deceased’s will fails to make provision for them by honouring their promise;
- where a party remains in occupation of a property owned by the estate. This can raise questions about whether they should pay for the benefit they have received in occupying the property, known as an occupation rent;
- where a property is left to multiple beneficiaries and there is disagreement between them over whether to sell the property or retain it;
- where there is a dispute between an executor and a beneficiary arising from the executor’s refusal to sell or distribute a property, or their delay in doing so; and
- where a creditor seeks a forced sale of estate property, which may be contrary to the interests of a beneficiary.
What factors will a court take into consideration?
When considering a TOLATA application in relation to a will dispute the court will consider:
- the deceased’s intentions as set out in their will;
- the welfare of dependants residing in the property, especially children;
- the financial needs and resources of the beneficiaries; and
- the interests of mortgagees and other secured creditors.
What orders the court can make
The Act gives the courts wide powers to resolve disputes.
They can make an order for sale, rule whether a party should be entitled to buy out another party’s interest, determine whether someone has the right to occupy a family home, specify how sale proceeds are distributed, declare who owns a property and in what shares, and appoint or remove trustees.
How we can help with TOLATA and will disputes
Our team is highly experienced in dealing with TOLATA claims and are proud of their track record of success. You can read about some of those successes by following these links:
- TOLATA claim settled at mediation
- TOLATA trial success
- Vulnerable client wins TOLATA claim
- TOLATA success against client’s former partner