John Sharples acted for the successful respondents to the appeal and at first instance in Ali v Khatib [2022]. Ali illustrates the importance of properly analysing the nature of the occupying beneficiary’s interest at the outset and seeking the proper relief on behalf of the proper claimant for the correct amount. In this article, published by Trusts and Estates Law & Tax Journal, John outlines this case that clarifies occupation rights.
In what circumstances can a beneficiary of a trust of land who does not occupy it claim occupation rent from a beneficiary who does? And what factors can a court take into account in deciding whether to order one? The Court of Appeal in Ali v Khatib [2022] provides helpful guidance on both issues.