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Trust of Land, asset recovery and equitable claims

Disputes over property ownership and beneficial interests often arise where assets are held in one person’s name but another claims an interest. These cases are legally complex and frequently involve family members, former partners or business associates.

Our Private Wealth Disputes team advises on Trust of Land (TOLATA) claims, proprietary estoppel, and other equitable remedies, helping clients protect and recover assets in high-value and sensitive disputes.

We offer a free, no-obligation initial consultation as well as flexible pricing options, tailored to your needs. Contact us for further information.

What are Trust of Land and equitable claims?

Trust of Land and equitable claims are disputes about who really owns property or assets, regardless of whose name they are registered in.

They commonly arise where:

  • property is jointly used but legally owned by one person
  • promises were made about future ownership
  • one party has contributed financially or otherwise
  • family or relationship arrangements have broken down
  • inheritance or succession expectations are disputed

Types of claims we advise on

We regularly advise on:

  • Trusts of Land (TOLATA) claims
  • proprietary estoppel claims
  • constructive and resulting trusts
  • beneficial interest disputes
  • asset recovery claims
  • claims involving family homes, investment property and farmland

When do these disputes arise?

These disputes often arise following:

  • relationship breakdowns
  • death of a family member
  • farming succession disputes
  • disputes between siblings
  • informal arrangements without legal documentation

Early advice is essential to preserve evidence and protect assets.

How are Trust of Land and equitable claims resolved?

Investigation and evidence gathering: We assess the history of the asset, contributions made and any representations relied upon.

Negotiation and mediation: Many disputes can be resolved without court proceedings, saving cost and preserving relationships.

Court proceedings: Where necessary, we issue or defend claims in the High Court or County Court.

Remedies available

Depending on the claim, the court may order:

  • declaration of beneficial interests
  • sale or transfer of property
  • compensation
  • enforcement of promises
  • recovery of misappropriated assets

Why choose Hugh James?

Clients choose us for our:

  • specialist expertise in complex property disputes
  • experience in high-value estates and family wealth
  • practical, evidence-led approach
  • ability to handle emotionally sensitive cases
  • strong track record in negotiation and litigation

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.

He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Recent experience

  • Acted for beneficiaries in a complex discretionary trust dispute involving removal of trustees, breach of trust claims and restitution of assets.
  • Defended a trustee in a trust dispute involving allegations of misapplication of trust assets and successfully managed cost exposure through early settlement.
  • Represented clients in an onshore/offshore trust dispute involving conflicting legal regimes and negotiation with multiple fiduciaries.

Speak to our specialist team

If you are involved in a dispute over property ownership or asset recovery, our team can help.

Contact our experts

Related services

Private wealth disputes Grounds for contesting a will Contentious probate, estate disputes and actions to remove executors Hugh James independent financial advisers

Next steps

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