Continue reading "Joint bank accounts: Shared intentions"
Constandas v Lysandrou & ors [2018] WTLR 19
Wills & Trusts Law Reports | Spring 2018 #171The claimant claimed a beneficial interest in a residential property registered in the joint names of the first and second defendants, his sister and brother-in-law respectively, on the basis that in 1959 he paid £600 towards the purchase price. By the time the matter came to trial in October 2015 both first and second defendants had lost capacity.
Giving judgment at first instance, HHJ Faber found both claimant and defendant witnesses to be unreliable. She concluded that on the evidence available she could not arrive at any finding as to who had made the £600 downpayment in 1959,...
Wall v Munday [2018] WTLR 337
Wills & Trusts Law Reports | Spring 2018 #171W and M were married in 1969 and divorced in 1974. During their marriage, they bought a leasehold property with the proceeds of their former matrimonial home and a mortgage loan for the balance. The benefit of the long lease of the property was conveyed to them as joint tenants. M moved out of the property in 1973 and began divorce proceedings. No steps were taken in the divorce to deal with the ownership of the house, which remained vested in them as joint tenants. After M left the property, W had treated it as his own, insuring, maintaining and improving it and, soon after the divorce,...
Jointly Held Assets: Owning it
Continue reading "Jointly Held Assets: Owning it"
Equitable Accounting: Still relevant
Continue reading "Equitable Accounting: Still relevant"
Cohabitants: Seeking clarity
Continue reading "Cohabitants: Seeking clarity"
Davis v Jackson [2017] EWHC 698 (Ch)
Wills & Trusts Law Reports | Summer 2017 #168The respondents (Rs) are a married couple but at all times after 2001 were estranged and living apart. The wife (R2) purchased a property (the property) in 2003 using monies from another property owned by her and the remainder by interest-only mortgage. The title to the property was in R2’s sole name and she moved in with her children. The husband (R1) never lived in the property.
Shortly after purchase, Rs signed a declaration of trust declaring inter alia that R2 held the property on trust for herself and R1 in equal shares, that she would register R1’s interest and ...
CICTs And Section 2: Some thoughts from the Bar
Continue reading "CICTs And Section 2: Some thoughts from the Bar"
Trusts: A fair result?
Continue reading "Trusts: A fair result?"
Cohabitants: Home truths
Continue reading "Cohabitants: Home truths"