Ralph v Ralph WTLR(w) 2021-04
Wills & Trusts Law Reports | Web OnlyA house was purchased in the joint names of the defendant and his son, the claimant. At least part of the reason for the claimant’s inclusion was that it allowed the defendant to benefit from a mortgage needed to finance the purchase. The TR1 bore an ‘X’ in Box 11 which appeared next to the words ‘the transferees are to hold the property on trust for themselves as tenants in common in equal shares’. The claimant sought a declaration that the property was held as described by Box 11 and an order for sale. The defendant maintained in a number of witness statements that the ticking of Box 1...
Pankhania v Chandegra [2012] EWCA Civ 1438
Wills & Trusts Law Reports | January/February 2013 #126The claimant appealed from the decision of Judge Charles Harris QC to dismiss his claim seeking an order for sale of 7 Cossington Street, Leicester (the property) and the division of the sale proceeds in equal shares between him and the defendant. A declaration had been made by the judge that beneficial ownership of the property was vested solely in the defendant, despite the property having been conveyed into the joint names of the claimant and defendant. A simultaneous express declaration of trust had been made in the transfer declaring that the parties were to hold the property as ten...