Continue reading "Constructive trusts and estoppel: Is my word my bond?"
Hudson v Hathway [2022] WTLR 973
Wills & Trusts Law Reports | Autumn 2022 #188The parties had started a relationship in 1990. Mr Hudson had moved into Ms Hathway’s home and become joint owner. They did not marry and had two sons. The home was sold and another bought in joint names. In 2007 they purchased Picnic House with a mortgage. It was again purchased in joint names with no declaration of trusts. They separated in 2009, with Ms Hathway staying at Picnic House. The mortgage was converted to an interest-only mortgage. It continued to be paid from a joint account into which both of their salaries had been paid.
In July and August 2013 there was an exchang...
Sismey v Salandron [2022] WTLR 281
Wills & Trusts Law Reports | Spring 2022 #186H was married to W, and they had a son, T. They all lived in a property in Derbyshire (the property), which was owned by H. While T was a child and H was working abroad, H met M in the Philippines and formed a relationship with her. H and W separated, and W and T moved out of the property and into one owned by W. H retained the property as his home when in the UK. H and M had a child, J, and after that H, M and J moved to live together in the UK, in the property.
W petitioned for a divorce from H and a consent order in the financial remedy proceedings was approved by the judge and...
Oberman v Collins & anr [2021] WTLR 267
Wills & Trusts Law Reports | Spring 2021 #182In consolidated proceedings, the claimant sought a declaration that she was beneficially entitled to 50% of 41 properties on the basis of a common intention constructive trust, a partnership or proprietary estoppel. The claimant also sought relief under ss994 and 996 of the Companies Act 2006 on the grounds of unfair prejudice.
The claimant and the first defendant were in a relationship between 1995 and 2015, moving in together in 1996, and having two children. The second defendant was incorporated on 16 September 1996: 51 shares were issued to the first defendant and two shares w...
Property: Changing intentions
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Culliford & anr v Thorpe [2020] WTLR 1205
Wills & Trusts Law Reports | Winter 2020 #181The deceased purchased a property in Weston-super-Mare (the Weston property) in his sole name in 2002 with the aid of a mortgage loan. He met the defendant in early 2010 and by the end of the year the defendant had moved into the Weston property with the deceased and it became his main residence. The defendant undertook repair and decoration jobs around the property, including repairing the boiler and decorating the main bedroom, and undertook work for others in return for work on the property by them. The general outgoings for the property and for the lifestyle of the deceased and the d...
Constructive trusts: Keeping up with the Jones
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Constructive trusts: Gone, but not forgotten
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Legg v Burton [2017] WTLR 1017
Wills & Trusts Law Reports | Autumn 2017 #169The testatrix had two daughters, the first and second claimants. In July 2000, the testatrix and her husband made wills in favour of the survivor, and subject to that, in favour of the claimants in equal shares.
The husband died in May 2001. Between 2001 and 2004, the testatrix made 13 further wills. These progressively favoured the defendants (who were two of the grandsons of the testatrix and the partner of one of them), at the expense of the claimants. The last of these wills was made on 12 December 2014, when she made a further will under which the claimants took a legacy of £...
Cohabitants: Home truths
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