Continue reading "Beneficial Ownership: Behind the veil"
Constructive Trust Claims: Excuses, detriment and imputation
Continue reading "Constructive Trust Claims: Excuses, detriment and imputation"
Beneficial Interests: Defeating creditors: a how (not) to guide
Continue reading "Beneficial Interests: Defeating creditors: a how (not) to guide"
Cohabitants: An unequal partnership?
Continue reading "Cohabitants: An unequal partnership?"
Curran v Collins [2015] EWCA Civ 404
Wills & Trusts Law Reports | March 2016 #157This was an appeal against a decision that Ms Curran, the appellant, had not acquired a beneficial interest in property in the sole name of Mr Collins, the respondent. Mr Collins and Ms Curran were in a relationship from about 1978 until 2010. However, she did not move in to live with Mr Collins until 2002, having maintained a close relationship with her own family.
From about 1994 onwards, the couple bred Airedale terriers. Over the course of the relationship, Mr Collins owned three properties in his sole name, referred to as the Bendfont flat, the Feltham house and The Haven. He...
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
Continue reading "Co-Ownership: Inference, imputation and child maintenance"
Barnes v Phillips [2015] EWCA Civ 1056
Wills & Trusts Law Reports | January/February 2016 #15688 Leyland Road, London (property) was purchased by the parties in January 1996 for approximately £135,000 using approximately £25,000 from their savings for the deposit and taking out a joint repayment mortgage for the balance with HSBC. It was registered in their names as joint tenants. Both contributed to the cost of installing double glazing, resurfacing the driveway and landscaping the garden. The appellant, who had acquired other buy-to-let properties in his sole name, told the respondent in early 2005 that he wanted to remortgage the property because of debt problems. The property...
Co-Ownership: Share with care
Continue reading "Co-Ownership: Share with care"
Herbert v Doyle & anr [2010] EWCA Civ 1095
Wills & Trusts Law Reports | November 2015 #154The appellant (Mr Herbert) owned the freehold of a house and a large garden. The respondents (Mr Doyle and Mr Talati) owned the freehold of an adjacent property comprising a dental surgery with nine parking spaces. They also leased part of the ground floor in the main house from Mr Herbert. They carried on a practice as dental practitioners from the freehold and leasehold premises and they and their clients used the parking spaces. Mr Herbert wished to develop the former walled garden of Mansfield House and to build mews houses, but to do so he needed Mr Doyle and Mr Talati to exchange s...