Continue reading "Constructive trusts: Keeping up with the Jones"
Financial provison: Behind the scenes
A H
Continue reading "Financial provison: Behind the scenes"
O’Kelly v Davies [2014] EWCA Civ 1606
Wills & Trusts Law Reports | March 2016 #157This appeal concerned a dispute over the beneficial ownership of the property whose legal title was at all times held by the appellant alone. At trial, the judge made the following findings:
- (i) A former property had been purchased in the joint names of the respondent and appellant in 1987.
- (ii) In 1991 the legal estate in that property was transferred into the sole name of the appellant to allow her to claim benefits as though she was a single woman living alone. The outstanding mortgage on that property at the time was converted to an endowment secured by a policy...
Co-Ownership: Inference, imputation and child maintenance
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Co-Ownership: Share with care
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Frame v Rai [2012] BCSC 1876
Wills & Trusts Law Reports | November 2015 #154The case concerned a dispute over ownership of a property. The property was registered in the name of the deceased, his sister (the plaintiff) and his wife (the defendant) as tenants in common. The plaintiff claimed that she was an owner of a one-half interest in the property based on an agreement entered into between her, the deceased and other family members at the time of purchase of the property in 1994. The defendant asserted that she and the deceased’s estate were solely the beneficial owners of the property, claiming that the reason the plaintiff was included as an owner on ...
Common Intention Constructive Trusts: The role of illegality
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M v M & ors [2013] EWHC 2534 (Fam)
Wills & Trusts Law Reports | December 2013 #135The transcript of this judgment is reported in part from para 164 onwards and starts with a discussion of the law. No part of the report provides a factual narrative.
Held (allowing the wife’s claim for financial relief):
The court had power on divorce to order a party to the marriage to transfer to the other party such property as may be so specified to which that party was entitled, either in possession or reversion. In this case almost all the wealth created by the husband during the course of the marriage was held through offshore company structures and the ques...
Trusts And Property: Declarations of trust in the family home
Continue reading "Trusts And Property: Declarations of trust in the family home"