Wills & Trusts Law Reports | Autumn 2023 #192Nirmalathevie Naidoo (Mrs Naidoo) died on 10 February 2016. Her husband, Dr Govindarajaloo Naidoo (Dr Naidoo), had predeceased her on 12 January 1999. They had two daughters and five sons. The first defendant, David Barton (Mr Barton) (formerly known as Ramamurthie Naidoo), was one of their children, and his wife (Mrs Barton) was the second defendant. The claimant was another of their children.
By this claim, the claimant sought:
- (1) an order pronouncing in solemn form for the validity of Mrs Naidoo’s will dated 21 July 2015 (the 2015 will), by which he was appointed ...
Wills & Trusts Law Reports | Spring 2019 #174The Respondent was originally the sole proprietor of 54 Beaulieu Close, Slough (‘Property’). The Appellant, who was one of her children, managed the family wholesale grocery business. He and his wife moved into the Property to live with the Respondent and spent money on its extension and refurbishment. On 12 October 2012 the Respondent made a new Will gifting a 25% share in the Property to the Appellant and giving him an option to purchase the whole on her death. On the same day the Respondent executed a Declaration of Trust by which she declared that she held the Property as to 75% for ...
Ruth Hughes considers the requirements of actual occupation and the level of involvement in a mortgage grant that will prevent a co-owner from claiming priority over the mortgagee A vivid example of the principle that a person prevented from being at a property against his will can nevertheless be in actual occupation of it is …
Continue reading "Co-Owners In Actual Occupation: High priority"
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