A beneficiary cannot be divested of his beneficial interest in the capital of the trust by the operation of the doctrine of laches. ‘A trustee who is in possession of property which he admits to be trust property cannot plead the laches of the cestui que trust in a suit to enforce the trust in respect of that property.’
Citations:
(1855) 20 Beav 632
Jurisdiction:
England and Wales
Cited by:
Cited – Patel and others v Shah and others CA 15-Feb-2005
The parties entered into a commercial agreement for the sale and purchase of properties.
Held: The claimants had failed to meet their part of the bargain, and had failed to make mortgage payments, leaving the defendants to do so. The . .
Lists of cited by and citing cases may be incomplete.
Trusts, Equity
Updated: 23 November 2022; Ref: scu.223435