Iles v Iles [2012] EWHC 919  Chancery Division

A daughter brought a claim against her mother for breach of trust in respect of land known as 'The Forge'. The mother was the defendant, she and her husband were registered proprietors of The Forge. In 1992 a declaration of trust was made in favour of the daughter. The subject matter of the trust was identified by reference to a schedule which was never found. The despite the mother's signature being on the declaration, she denied all knowledge of its existence. She claimed that she had signed many documents under the direction of her husband without knowing the content of what she was signing. Mr Iles died in April 2000. The daughter reminded her mother that she was to be entitled to receive the rents from The Forge from the age of 25. The mother paid her what she could afford from the rent rather than checking what she was entitled to. There was a falling out between the parties in 2008. The daughter sought legal advice as to her entitlement of the rent.

Held:

The mother was in breach of trust and required to account for the full rent received back dated to her 25th birthday. The court took into account extrinsic evidence to identify the subject matter of the trust including the fathers will,a deed of exchange and other witness evidence.

Back to lecture outline on express trust in land law