Trusts of the family home
Description
“Considerations such as the nature of the relationship between two parties are not relevant to the question of their proprietary holdings, nor should they be, especially when it comes to the family home. Such considerations don’t promote autonomy. Moreover, the intervention of Courts in such considerations is institutionally misguided.”
To what extent do you agree?
Use pinpoint references, not just the articles or cases the quotes came from. Also say the names of researchers/commentators directly in the essay.
Also endeavour to answer all parts of the question. E.g. Are considerations like the nature of the relationship relevant? If not this specific consideration, then are there any others? Should they be relevant or not in a family home? In other contexts?
Do they promote autonomy? Do they promote anything else that makes them important to consider? Is the intervention of the courts misguided?
Does not have to be answered like this, that is up to you but all layers should be answered.
Critical analysis is a must! Give your own opinion/thoughts on academics ideas.
Give headings and subheadings for each new part of the essay being discussed. Also, decide what will be discussed and what side you land on in the introduction.
I have attached articles, statutes, and cases needed to adequately answer the question. Please reference most of them but you are not limited to just these (actually encouraged to use others)
Reach out if you need anything, call or email anytime.
