Williams v Williams & ors [2024] WTLR 1137

WTLR Issue: Autumn 2024 #196

LLOYD DORIAN WILLIAMS

V

1. GERWYN LLOYD WILLIAMS

2. SUSAN ELIZABETH HAM

3. SARA LLEWELLYN JONES AND JOHN ALUN LLOYD (as executors and administrators of Lloyd Williams deceased)

Analysis

In 1986, a farm known as Cefn Coed was purchased by Mr and Mrs Williams and one of their sons, the appellant. There was no express declaration of trust. Mr and Mrs Williams and the appellant were in a partnership and the partnership paid the mortgage on Cefn Coed. The wills of Mr and Mrs Williams dealt with Cefn Coed as though it was held on a tenancy in common in equal shares and Mr Williams was found to have served a notice of severance of any joint tenancy before his death. Mrs Williams and then Mr Williams passed away. It was determined that Cefn Coed was not a partnership asset but, in support of a claim in proprietary estoppel, the appellant sought to establish that Cefn Coed, on purchase, was held on a joint tenancy in equity. At first instance, the judge held that Cefn Coed was held as tenants in common.

Held (dismissing the appeal):

  1. (1) It is for the person asserting that the legal owner of property is not also the beneficial owner to make out their case that the beneficial ownership is different.
  2. (2) Equity will usually assume that co-owners acquiring property for business purposes do not intend survivorship or, therefore, a joint tenancy.
  3. (3) In this matter, the purchase of Cefn Coed was a commercial decision made by partners for the benefit of the partnership business. That was sufficient for the court to assume that survivorship, and therefore a joint tenancy, was not intended and that Cefn Coed, on purchase, was held on a tenancy in common. The mortgage being treated as a partnership liability or being joint borrowing did not change this result and neither did any statements about inheritance.
JUDGMENT LORD JUSTICE NUGEE: Introduction [1] Mr Lloyd Dorian Williams, the Appellant, whom I will call ‘Dorian’, is one of the children of the late Mr Lloyd Williams (‘Mr Williams’) and his wife Catherine (‘Mrs Williams’). Mr Williams, who was born in 1921 and died in 2018 aged 97, first took on a tenancy of …

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Counsel Details

Guy Adams (New Square Chambers, 12 New Square, Lincoln’s Inn, London WC2A 3SW, tel 020 7419 8000, email clerks@newsquarechambers.co.uk), instructed by Redkite Solicitors (14-15 Spilman Street, Carmarthen SA31 1SR, tel 01267 239 000, email enquiries@redkitelaw.co.uk) for the appellant.

James Pearce-Smith (St John’s Chambers, 101 Victoria Street, Bristol BS1 6PU, tel 0117 923 4700, email clerks@stjohnschambers.co.uk), instructed by Michelmores LLP (100 Liverpool Street, London EC2M 2AT, tel 020 7659 7660, email enquiries@michelmores.com) for the first and second respondants.

Cases Referenced

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