Cohabitees and the Problem of Unoverreached Beneficial Interests:Time for a Rethink?

Abstract

This paper examines problems of unoverreached beneficial interests behind trusts in context of the current rise in cohabitation outside marriage and the human rights protection of cohabitees under the Human Rights Act. The paper revisits this problem and considers how it should be dealt with 30 years on from the last Law Commission Report into this problem, it re-examines the same and suggests a novel solution to this conveyancing challenge.