18 SEP 2014
A Proposed Draft Final TOLATA Order
Just about every permutation of order in family proceedings has been considered in the Family Standard Orders project. However, family lawyers and litigants in person are given no suggested template for an order made at the conclusion of proceedings brought under the Trusts of Land and Appointment of Trustees Act 1996. These disputes often bear all the hallmarks of a 'family' dispute but do not feature in the Standard Orders menu as they are civil orders made in Chancery Division of the High Court or in the County Court.
Here follows a suggested draft for a basic final TOLATA order concerning a property subject to a mortgage
in the style of the Family Standard Orders, with the occasional marginal note. Attention is also drawn to the particular and additional requirements, when lodging orders (whether by consent or otherwise) before Chancery Masters, pursuant to a Practice Direction issued by the Chief Master that is effective from 1 October 2014.
ORDER MADE BY [NAME OF JUDGE] ON [DATE] SITTING IN OPEN COURT.
Upon hearing [name the advocate(s) who appeared]
1. The Parties
The Claimant is XX
Defendant is YY
Second Defendant is ZZ]
Specify if any party acts by a litigation
The 'property' shall mean the property known as [ insert address including postcode] registered at HM Land Registry under title number [insert]
3. 'The mortgage' shall mean the mortgage secured upon the
property in favour of [insert name of mortgagee].
Agreements / Declarations
It is declared that from [the date of this order] / [insert
] the [Claimant and Defendant] / [the Claimant] / [the Defendant]
hold/[s] the property, subject to the mortgage, upon trust for the [Claimant and Defendant as joint tenants] / [Claimant and Defendant as tenants in common in equal shares] / [Claimant and Defendant as tenants in common, as to the Claimant [insert % share] and as to
the Defendant [insert % share]] / [for the Claimant absolutely] / [for the Defendant absolutely]
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