Trusts: Silence is golden

Claire Stewart contemplates recent case law on disputed ownership in the light of Jones v Kernott ‘Traditionally, a constructive trust will arise in equity where it would be unconscionable to allow a legal owner of a property to retain the beneficial ownership of it.’ This article will consider the recent judgment of the Court of …
This post is only available to members.

Co-Ownership: Breaking up is hard to do

Ben Gildea considers the current position in respect of how a person’s entitlement to the equitable interest in a property may be ascertained following a leading Supreme Court decision. ‘From now on, a party may argue that the terms on which their equitable interests are held have changed over time.’ In Britain, there are more …
This post is only available to members.

Constructive Trusts: House rules

Amin v Amin is an interesting application of the test in Stack v Dowden, as Sofie Hoffman discusses ‘This article considers only a discrete part of the judgment relating to the determination of the beneficial interests in Kingswood Manor, particularly given the complex family relations, both business and domestic, which were governed by a mixture …
This post is only available to members.

Cohabitants: Clear intentions

Ellie Foster summarises the Supreme Court decision in Jones v Kernott and considers its impact ‘There is a real practical difficulty when it comes to analysing the respective contributions made to a property over a long period of cohabitation.’ The Supreme Court has been tasked with an unusually high amount of family work in recent …
This post is only available to members.

Cohabitation Agreements: Be prepared

James Carroll and Hannah Minty set out best practice when drafting cohabitation agreements ‘In the absence of fraud, mistake or duress, an express declaration of trust is conclusive evidence of beneficial ownership unless such interests are subsequently varied.’Family practitioners throughout the country breathed a collective sigh of relief on behalf of Patricia Jones when the …
This post is only available to members.

Trusts: Different rules

Luke Barnes highlights the cohabitant cases that fall outside of the judgment in Jones v Kernott and the applicable case law ‘The claimant in sole name cases continues to face a stern test to establish a beneficial interest by virtue of an inferred common intention. In particular, it continues to be unclear what conduct may …
This post is only available to members.

Co-Habitation: Buyer beware

Graeme Fraser and Adam Colenso explain the nature and timing of advice that residential property lawyers should provide to cohabitant buyers in light of Jones v Kernott and the SRA Code of Conduct 2011. ‘Jones v Kernott [2011] illustrates the serious problems that can arise when cohabitant purchasers do not enter into an adequate declaration …
This post is only available to members.

Aspden v Elvy WTLR(w) 2012-04

Wills & Trusts Law Reports | Web Only

Property, beneficial ownership

Case No: 1LS72368

Jones v Kernott [2012] WTLR 125

Wills & Trusts Law Reports | January/February 2012 #116

Patricia Jones and Leonard Kernott bought a property together (Badger Hall Avenue) in May 1985 and lived there until their relationship ended in October 1993. The legal title to Badger Hall Avenue was held by them jointly. Ms Jones had contributed £6,000 of the £30,000 purchase price with the balance funded by an interest-only mortgage. An extension had been built and funded by Mr Kernott and had increased the value of Badger Hall Avenue to £44,000. Ms Jones and Mr Kernott had a daughter (born 1984) and a son (born 1986) together.

It was common ground that, until October 1993, the...