To trust or not to trust? Trending issues in TOLATA and cohabitation claims

Cason Yong, Barrister, Coram Chambers

With more than 3.5 million couples in England and Wales now living together without marrying, the Trusts of Land and Appointment of Trustees Act 1996 (“ToLATA”) has assumed increasing importance in safeguarding the rights of cohabitees. 

This article examines 3 recent cases: (1) Maxine Reid-Roberts v Hsiao Mei-Lin [2026] EWHC 49 (Ch), (2) Uddin v Uddin [2026] EWHC 150 (Ch), and (3) Kirishana v Major [2026] EWHC 835 (Ch). It explores how the courts have approached claims arising under ToLATA and in the contractual context, and considers the wider implications of these decisions for unmarried couples.

Specifically, it considers the following questions:

1. Can a person transfer their beneficial interest in a property through a WhatsApp message? If so, does such a disposition amount to a “signature” for the purposes of s.53(1) of the Law of Property Act 1925?

2. How important is detrimental reliance in ToLATA claims, and how does one prove it?

3. Is there a presumption against an intention to create legal relations between unmarried cohabitees?

Finally, it briefly considers whether the Government’s consultation paper, A Fairer End to Relationships, may provide a solution to some of the difficulties faced by cohabitants and the courts alike.