Wills & Trusts Law Reports | Autumn 2024 #196In 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,...
Wills & Trusts Law Reports | Summer 2023 #191A father made repeated promises to his son that he would inherit an undefined part of a farm, sufficient to enable him to operate a viable farming business on it, after the death of his parents. Relying on that promise, the son spent the best part of his working life on the farm, working at very low wages and accommodated in a farm cottage. After a deterioration in the relationship between the father and son, it proved no longer possible for the two to work together, and the son therefore moved out, and the father cut him out of his will.
The son claimed an interest in the farm as...
Wills & Trusts Law Reports | Summer 2023 #191Mr Sahota issued a Part 8 claim to enforce a charging order over Mr Rajan Sohal’s interest in a property known as 31 Windsor Road. There were three deeds in respect of the subject properties, dated 5 October 2012, 7 August 2015 and 17 May 2019, purporting to grant Pooja Sohal, Mr Sohal’s wife, and Veena Sohal, Mr Sohal’s mother, interests in 31 Windsor Road. These deeds, if valid and effective, would have reduced the equity in 31 Windsor Road to the extent that there was unlikely to be any equity to satisfy Mr Sahota’s charging order. Mr Sahota challenged the three deeds on the basis tha...
Daisy Minns Shearer and Emma Williams review the remedies currently available for cohabitants and recommendations for reform Reflecting on the efforts that have been made to reform this area can be frustrating, but when cohabitants’ rights on separation or death have been reviewed over the last 20 years, similar principles have emerged. Campaigners have been …
Continue reading "Cohabitation: No further forward"
This post is only available to members.
Hannah Viet examines whether common intention alone will satisfy a change in the parties’ property interests in joint name cohabitant disputes In Hudson v Hathway, there was no dispute as to whether there was an express agreement between the parties, so the sole issue to be determined on appeal was whether the judge at first …
Continue reading "TOLATA 1996: No harm done"
This post is only available to members.
Wills & Trusts Law Reports | Autumn 2022 #188Angela and John Dunbabin purchased a property known as 29 Beverley Place, Springfield, Milton Keynes (the property) in 1983. The conveyance was silent as to the beneficial interests though it contained a declaration that either of the purchasers could give a valid receipt for capital money arising on a disposition of land. With the assistance of Terry Oldfield, a professional will writer, they executed ‘mirror’ wills giving their own share of the property to trustees upon trust for sale and to hold the net rents and profits and the net income from the sale proceeds in trust for the other...
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...
John Sharples outlines a case that clarifies occupation rights Ali illustrates the importance of properly analysing the nature of the occupying beneficiary’s interest at the outset and seeking the proper relief on behalf of the proper claimant for the correct amount. In what circumstances can a beneficiary of a trust of land who does not …
Continue reading "Trusts of land: What justifies the award of occupation rent?"
This post is only available to members.
Kieran Forsyth reviews a case that demonstrates the importance of obtaining a notice of severance of a joint tenancy and filing it at the Land Registry Dunbabin is notable for the fact that it demonstrates that the execution of mirror wills can be sufficient to sever a beneficial joint tenancy, even if those wills are …
Continue reading "Wills: The effect of joint tenancies"
This post is only available to members.
