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Piece of the puzzle: Iles v Iles

Iles v Iles is a good example of the practical application of the criteria for granting relief under the Trustee Act 1925, says Simon Goldberg

20 July 2012

It is not uncommon for a trust deed to identify the subject matter of the trust by reference to a separate schedule. In the normal course, that schedule will be attached to the deed. What happens, however, when the schedule subsequently cannot be found? Is the trust sufficiently certain to be enforced? That was one of the issues the High Court was required to determine in Iles v Iles [2012] EWHC 919 (Ch).

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Rebecca was the only daughter of Margaret and Robert Iles. When she was four years old, Robert and Margaret purchased a plot of land on the periphery of the Forge Industrial Estate in Darlington (‘the 1983 land’) which, they declared in a deed, was to be held by them together with the income from the land on trust for Rebecca until she reached the age of 21, at which time it was to be transferred to Rebecca.

In 1989, by a further ...

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