TSEM6234 - Legal background to trusts & estates: enforcing equitable and legal interests

It is possible to enforce an equitable interest or a legal interest in either division of the Supreme Court. »Ê¹ÚÌåÓýapp divisions are

  • Chancery;
  • Family or Queen’s Bench.

»Ê¹ÚÌåÓýapp Supreme Court applies the rules of Equity (TSEM6003). »Ê¹ÚÌåÓýappse were developed by the old Court of Chancery.

»Ê¹ÚÌåÓýapp Supreme Court was formed following the merger of Common Law Courts and the Court of Chancery. Before then the Court of Chancery recognised and enforced equitable interest. »Ê¹ÚÌåÓýapp court used, and developed, the rules of Equity. »Ê¹ÚÌåÓýapp Common Law Courts (the Courts of King’s Bench, Common Pleas and Exchequer) recognised and enforced legal interests.