Trusts – adverse possession; deceased estate

July/August 2025 | Wills, probate and administration
The Court of Appeal has clarified the meaning of ‘subject to a trust’ in the context of adverse possession claims against estates – and allowed a claim to proceed. On intestacy, the PRs hold the estate assets on a statutory trust under s33 AEA. If the estate includes land subject to a trust, a third …
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