Goodman v Gallant [1985] EWCA Civ 15 – Page 2

Trusts: Clear intentions

Caroline Watson and Matthew Feldman discuss the impact of Jones v Kernott in cases where there is an express declaration of beneficial interests ‘The question now being asked by practitioners up and down the country is whether the judiciary will again be prepared to step in to clarify the law in cases where there is …

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Trusts: Different rules

Luke Barnes highlights the cohabitant cases that fall outside of the judgment in Jones v Kernott and the applicable case law ‘The claimant in sole name cases continues to face a stern test to establish a beneficial interest by virtue of an inferred common intention. In particular, it continues to be unclear what conduct may …

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Co-Habitation: Buyer beware

Graeme Fraser and Adam Colenso explain the nature and timing of advice that residential property lawyers should provide to cohabitant buyers in light of Jones v Kernott and the SRA Code of Conduct 2011. ‘Jones v Kernott [2011] illustrates the serious problems that can arise when cohabitant purchasers do not enter into an adequate declaration …

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Joint Tenancies: Cutting ties

Luke Barnes cautions against overlooking the significance of joint tenancies and severance ‘A failure to sever a joint tenancy during ancillary relief proceedings can have dramatic and unexpected consequences.’ It is a fair bet that most family and private client practitioners will have advised a client to consider severing the beneficial joint tenancy of co-owned …

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