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The presumption of advancement: a lingering shadow in UK Law?: Table 1

Accepted version
Peer-reviewed

Repository DOI


Type

Article

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Authors

Blackham, Alysia 

Abstract

The presumption of advancement is a well-established equitable principle in English law, which operates to presume that a purchaser or transferor of property intended to transfer the beneficial interest to the recipient in certain relationships. However, its future is far from certain. While it appeared that the presumption would be abolished by the Equality Act 2010 (UK) c 15 section 199, that section has never been brought into force. Therefore, it is necessary to consider the enduring impact of the presumption of advancement, and what its future might be. This article considers the operation of the presumption of advancement in English law and attempts to abolish the presumption via legislative reform. It details a survey of UK case law, to ascertain how the presumption is operating in practice, and canvasses alternative approaches to dealing with the presumption, drawing on comparative perspectives and academic critiques. This article argues that the law around the presumption remains unclear and in turmoil. Therefore, while it is not necessary to abolish the presumption, reform is necessary.

Description

This is the author accepted manuscript. The final version is available from Oxford University Press via http://dx.doi.org/10.1093/tandt/ttv048

Keywords

4803 International and Comparative Law, 48 Law and Legal Studies, 4806 Private Law and Civil Obligations

Journal Title

Trusts & Trustees

Conference Name

Journal ISSN

1363-1780
1752-2110

Volume Title

21

Publisher

Oxford University Press (OUP)