This is a guide to assist you, knowing some specifics and with a clear understanding of what must be done and how to correctly challenge a claimant you shall be in a position standing as the beneficiary you are.
Equity follows the law.
This law is settled law of the land, common law…
As equity follows this, it is secondary to it, and comes into play if there is any discrepancy.
Equity can be heard in all courts since the Judicature Act 1873.
Section 25 of the Judicature Act: It was foreseen that a court which applied the rules of both common law & of equity… would face a conflict.
Where the common law rules would produce one result, and equity another.
Section 25 of the Judicature Act 1873 provided that if there was any conflict between these principles, then equity was to prevail…
Since there is a trust in play [of titles Three trust certainties diagram] there are two objects and two sets of rules, in essence; a beneficiary receives the benefits and a trustee is legally responsible…
Using specific legislation correctly, allows us to evidence that a claimant has no right to a claim (chose) because they are on the at law side of the trust, the ‘legal’ side as opposed to ‘equitable’ side where the beneficiary sits…
It stands to reason, that a claim cannot be brought against a beneficiary by a trustee or its agent…
Without a choice there is no claim…
Trustees & Agents cannot have a claim against a beneficiary.
Any attempt to claim is a breach of trust and restitution due to the beneficiary(s); (us)…
By asking pertinent questions, by way of a correctly formatted DSAR, no templates or letter, that an agent is legally charged to oblige, pursuant to specific legislation, we evidence the agent (acting for trustee) has no choice.
https://solutionsuneed.co.uk/an-introduction-to-using-equity
Equity follows the law.
This law is settled law of the land, common law…
As equity follows this, it is secondary to it, and comes into play if there is any discrepancy.
Equity can be heard in all courts since the Judicature Act 1873.
Section 25 of the Judicature Act: It was foreseen that a court which applied the rules of both common law & of equity… would face a conflict.
Where the common law rules would produce one result, and equity another.
Section 25 of the Judicature Act 1873 provided that if there was any conflict between these principles, then equity was to prevail…
Since there is a trust in play [of titles Three trust certainties diagram] there are two objects and two sets of rules, in essence; a beneficiary receives the benefits and a trustee is legally responsible…
Using specific legislation correctly, allows us to evidence that a claimant has no right to a claim (chose) because they are on the at law side of the trust, the ‘legal’ side as opposed to ‘equitable’ side where the beneficiary sits…
It stands to reason, that a claim cannot be brought against a beneficiary by a trustee or its agent…
Without a choice there is no claim…
Trustees & Agents cannot have a claim against a beneficiary.
Any attempt to claim is a breach of trust and restitution due to the beneficiary(s); (us)…
By asking pertinent questions, by way of a correctly formatted DSAR, no templates or letter, that an agent is legally charged to oblige, pursuant to specific legislation, we evidence the agent (acting for trustee) has no choice.
https://solutionsuneed.co.uk/an-introduction-to-using-equity
1 comment
🕊Just ❤️ Caz 🕊
So what if one is a trustee and a beneficiary of ones own Private Family trust?
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