“In such cases the funds for the purchase (and all costs of purchase) are typically provided by the ADB (from assets belonging to the [GroBherzogliches Fideicommiss / fidéicommis grand-ducal]) or from the private funds of HRH the Grand Duke. They are transferred directly to the vendor, and the property is then acquired in the name of the member(s) of the Royal Family. The property might be used by any member of the family. The individuals hold the legal title as nominees and enter into a declaration which generally takes the form of a document known as a ‘compromis de vente’ (i.e. sales contract) with the ADB, or unilateral declaration signed by the nominees, in which they confirm that they hold the asset on behalf of the ADB and/or that, on request, they will surrender the asset to the ADB.”
“The Applicant undertakes to the Court and agrees with the Respondent not to, whether directly or indirectly, publish or communicate any confidential or private information, on the internet or social media, or to any newspaper, magazine, publication or book, or in any written correspondence whatsoever to any third party, or on any broadcast on television or radio or by any form of communication, whether in writing, electronic or spoken or otherwise, and whether in the UK or in any other jurisdiction or which shall contain negative views or negative comments about either party or their wider family (to include generally in respect of the Luxembourg Royal Family), whether in relation to their marriage, their personal and financial affairs, or in relation to the private business or information of the Luxembourg Royal Family.”
“It seems to me that, under s.24 of the 1973 Act, if an intervenor comes in making a claim for the property, then it is within the jurisdiction of the Judge to decide on the validity of the intervenor's claim. The Judge ought to decide what are the rights and interest of all the parties, not only of the intervenor, but of the husband and wife respectively in the property. He can only make an order for transfer to the wife, of property which is the husband's property. He cannot make an order for the transfer to the wife of someone else's interest.”
“… the beneficial ownership of the property in question must depend upon the agreement of the parties determined at the time of its acquisition. If the property in question is land there must be some lease or conveyance which shows how it was acquired. If that document declares not merely in whom the legal title is to vest but in whom the beneficial title is to vest that necessarily concludes the question of title as between the spouses for all time, and in the absence of fraud or mistake at the time of the transaction the parties cannot go behind it at any time thereafter even on death or the break-up of the marriage.”
“In a case where the legal estate in property is conveyed to two or more persons as joint tenants, but neither the conveyance nor any other written document contains any express declaration of trust concerning the beneficial interests in the property (as would be required for an express declaration of this nature by virtue ofs. 53(1)(b) of the Law of Property Act 1925 ), the way is open for persons claiming a beneficial interest in it or its proceeds of sale to rely on the doctrine of "resulting, implied or constructive trusts": sees. 53(2) of the Law of Property Act 1925 . In particular, in a case such as that, a person who claims to have contributed to the purchase price of property which stands in the name of himself and another can rely on the well-known presumption of equity that a person who has contributed a share of the purchase price of property is entitled to a corresponding proportionate beneficial interest in the property by way of implied or resulting trust: see, for example, Pettitt v. Pettitt[1970] AC 777 , 813-814, per Lord Upjohn. If, however, the relevant conveyance contains an express declaration of trust which comprehensively declares the beneficial interests in the property or its proceeds of sale, there is no room for the application of the doctrine of resulting implied or constructive trusts unless and until the conveyance is set aside or rectified; until that event the declaration contained in the document speaks for itself.”
“[16] The judge's imposition of a constructive trust in favour of the defendant was therefore impermissible unless the defendant could establish some ground upon which she was entitled to set aside the declaration of trust contained in the transfer. He seems (in paragraph 2) to have misunderstood the significance of the transfer which not only made both claimant and defendant legal owners of the property but also spelt out their beneficial interests. The whole of his judgment proceeds upon the footing that he had a free hand to decide what was the common intention of the parties at the relevant time but that inquiry was simply not open to him unless the defendant had established a case for setting the declaration of trust aside. [17] A declaration of trust can be set aside for fraud, mistake or undue influence but nothing of that kind is alleged in this case. In Wilson v Wilson[1969] 1 WLR 1470 Buckley J rectified a transfer containing a declaration of trust under which two brothers declared that they were joint tenants of the property in equity in circumstances where neither of them appreciated the effect of the declaration of the beneficial interest; appreciated that the transfer was a deed; and where they clearly intended that one brother should be the sole beneficial owner. But there was no claim for rectification in this case and Mr Small for the defendant has not advanced a case that the transfer could be rectified so as to omit the declaration of trust. There was no evidence at trial that it was inserted by mistake or that the parties intended to execute a transfer in materially different terms. There is no evidence in the form of the solicitors' file as to how the transfer came to include the declaration of trust and on whose instructions nor do we know what input (if any) the building society had with regard to the form of the transfer although it seems to me unlikely that it would have been concerned with anything beyond both parties being legal owners so that they became parties to the mortgage.”
“In the absence of a vitiating factor, such as fraud or mistake, as a ground for setting aside the express trust or as a ground for rectification of it, the court must give legal effect to the express trust declared in the transfer. In the absence of such claims the court cannot go behind that trust.”
“…a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will.”
“The section requires the declaration of trust to be manifested and proved by some ‘writing signed by some person who is able to declare such trust …’. The words ‘who is able to declare such trust’ do not necessarily mean the legal owner. Where real property is held on trust it is the owner of the beneficial interest who is able to declare the trust for the purposes of the section and has to sign the memorandum or other writing: the holder of the legal estate is regarded as a mere conduit pipe in such a case. Section 53(1)(b) contains no provision that the declaration of trust may be signed by an agent.”
“The first method of creating a trust is for the settlor to declare himself to be a trustee of property belonging to him. If the property is in his own name, he simply makes a declaration. If the intended trust property is held by nominees or other trustees for the settlor, he directs the nominees or trustees to hold it on the intended trusts.”
“The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the purchasers and others jointly, or in the name of others without that of the purchaser; whether in one name or several, whether jointly or successivè; results to the man who advances the purchase money. This is a general proposition, supported by all the cases, and there is nothing to contradict it; and it goes on a strict analog to the rule of the common law, that where a feoffment is made without consideration, the use results to the feoff or. It is the established doctrine of a Court of equity, that this resulting trust may be rebutted by circumstances in evidence.”
“…whether A provided the money by way of gift, or by way of loan, or qua purchaser is, in the final analysis, a simple question of fact, to be determined in the light of all the evidence as to the relevant circumstances, including, subject to the rule in Shephard v Cartwright[1955] AC 431 (see per Viscount Simmonds at page 445), the parties' evidence as to their intentions at the time.”
“Everything will, of course, depend on the facts of the particular case. In some cases the facts will show that what has been created is an interest analogous to a life interest (or even successive life interests) or to a term of years certain. In some cases (and the present is one such case in my judgment) the interest created, although sufficiently enduring to satisfy the criterion of making ‘continuing provision’, will be analogous to a licence or tenancy determinable either at will or not notice. It is all a matter of fact.”
“…the court is not obliged to limit its orders exclusively to resources of capital or income which are shown actually to exist. The availability of unidentified resources may, for example, be inferred from a spouse's expenditure or style of living, or from his inability or unwillingness to allow the complexity of his affairs to be penetrated with the precision necessary to ascertain his actual wealth or the degree of liquidity of his assets. Another is that where a spouse enjoys access to wealth but no absolute entitlement to it (as in the case, for example, of a beneficiary under a discretionary trust or someone who is dependent on the generosity of a relative), the court will not act in direct invasion of the rights of, or usurp the discretion exercisable by, a third party. Nor will it put upon a third party undue pressure to act in a way which will enhance the means of the maintaining spouse. This does not, however, mean that the court acts in total disregard of the potential availability of wealth from sources owned or administered by others. There will be occasions when it becomes permissible for a judge deliberately to frame his orders in a form which affords judicious encouragement to third parties to provide the maintaining spouse with the means to comply with the court's view of the justice of the case. There are bound to be instances where the boundary between improper pressure and judicious encouragement proves to be a fine one, and it will require attention to the particular circumstances of each case to see whether it has been crossed.”
“It is important to bear in mind, when considering the width of the words used, what the Court of Appeal was in fact endorsing. As I have mentioned, it was an award of capital and income that did not exceed in either respect what was Mr Thomas' as of right. There is in my view a big difference between that state of affairs and what is urged on me here - an award that very substantially exceeds what is H's, in the hope and expectation that CL will make up the difference.”
“[86] I think that a clear distinction is to be drawn between, on the one hand, the position where the person being encouraged is a member of the payer's family and, on the other hand, where he is a trustee in a fiduciary relationship with the payer. In the former case the payer has no more than a mere spes of bounty which may, at the election of the provider, reasonably or unreasonably, be withheld. In the latter case the provider has a legal obligation to consider the beneficiary's interests. The very reason for the existence of the trust is to provide benefit for the beneficiary. …/ [88] This exposition sets out with clarity the very different nature of, on the one hand, the relationship between a fiduciary and his beneficiary; and, on the other, that of mere donor and donee. If the court makes a reasonable request of trustees to make funds available to meet an ancillary relief award then it can assume that ordinarily the trustees will accede to such a request. The same cannot be assumed of a request of a mere donor, for it is his prerogative to be unreasonable, if that is his inclination. …/ [101] The correct view must be this. If the court is satisfied on the balance of probabilities that an outsider will provide money to meet an award that a party cannot meet from his absolute property then the court can, if it is fair to do so, make an award on that footing. But if it is clear that the outsider, being a person who has only historically supplied bounty, will not, reasonably or unreasonably, come to the aid of the payer then there is precious little the court can do about it. …/ [104] [The family] can stipulate the assistance they offer, and the terms on which it is to be provided. It is up to them. Whether or not I think it is reasonable is fundamentally irrelevant.”
“When the marriage ends fairness requires that the assets of the parties should be divided primarily so as to make provision for the parties' housing and financial needs, taking into account a wide range of matters such as the parties' ages, their future earning capacity, the family's standard of living, and any disability of either party. Most of these needs will have been generated by the marriage, but not all of them. Needs arising from age or disability are instances of the latter.”
“It seems to me that the corollary of what Wilson J there said is that, whilst the nominal order in that case was not appealable, so too ordinarily the refusal of a judge to make a nominal order will not be appealable because it cannot be shown to be wrong in principle. We are here concerned with an exercise of discretion but it is an exercise of discretion in which Parliament has indicated that there should be a clear presumption in favour of making a clean break, in the sense that that is something which the court is mandated to consider, whether it would be appropriate to bring about a complete break between the parties, so far as concerns financial matters, as an initial consideration.”
"The ecclesiastical courts showed a degree of practical wisdom… They were not misled by appearances… they looked at the realities … The court not only ascertained what moneys the husband had, but what moneys he could have if he liked, and the term "faculties" described the capacity and ability of the respondent to provide maintenance."