Claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)

The Trusts of Land and Appointment of Trustees Act 1996 (more commonly known as ‘TOLATA’) is legislation that deals with trusts of land and assists with disputes between the legal owners and beneficial owners of land. The court can make decisions regarding the ownership of a property and declare parties interests in a property. The court can also make orders regarding how the trustees of a property should exercise their powers.

This presentation will consider the disputes in practice, the procedure and pitfalls and also when a TOLATA claim can arise during a probate instruction.

Learning Objectives:

• Property ownership
• When a TOLATA claim can be brought and what orders a Court can make
• The burden of proof and what the Court will consider in these claims
• Procedural steps and where to bring the claim
• Equitable accounting
• How TOLATA can arise in the context of probate instructions