Bagum v Hafiz

Subject Matter

TRUST OF LAND — Sale — Court's powers — Family members owning property as tenants in common in three equal shares — After family dispute one beneficiary seeking order for purchase by second beneficiary of interest of third beneficiary — Judge concluding no power to make order — Judge making order directing trustees to sell property with second beneficiary first having opportunity to purchase property at price determined by court on valuation evidence — Whether jurisdiction to make either order — Trusts of Land and Appointment of Trustees Act 1996, ss 14, 15

[2015] EWCA Civ 801; [2016] Ch 241; [2015] 3 WLR 1495; [2016] 2 FLR 337; [2015] WLR (D) 329, CA