Hudson v Hathway [2022] WTLR 973
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...
Bellis v Challinor [2015] EWCA Civ 59
Wills & Trusts Law Reports | January/February 2016 #156The case concerned a property investment scheme relating to land at and around an airport known as Fairoaks (the Fairoaks scheme). The Fairoaks scheme was the last in a substantial series of schemes (the Albemarle schemes) which, prior to the Fairoaks scheme, were unregulated collective investment schemes promoted by Egan Lawson (later ECS after its takeover by Erinaceous Group PLC (Erinaceous)) involving investment through a single purpose vehicle (SPV). The underlying subject matter of each scheme consisted of either commercial or development property or a mixture of both. The schemes ...
Claridge, Re The Trustee In Bankruptcy of [2011] EWHC 2047 (Ch)
Wills & Trusts Law Reports | December 2011 #115Mr and Mrs C lived together with their family in the property that they had bought and owned jointly. Mr C went bankrupt for the first time in 1996. Mr C’s trustee in bankruptcy sold his half share of the property to Mrs C for £8,000 in 1998 and thereafter Mrs C owned the full beneficial interest in the property, subject to the original mortgage. In 2002 the property was remortgaged. The funds derived paid for the repayment of the original mortgage, the costs of remortgaging, £2,000 was used to pay off a personal debt of Mrs C and the remainder was used to renovate the propert...
Lane v Cullens Solicitors & ors [2011] EWCA Civ 547
Wills & Trusts Law Reports | December 2011 #115The claimant was the brother of the deceased. She died intestate on 22 January 1997. The claimant became her personal representative pursuant to a grant of letters of administration made on 2 August 2000. The claimant was entitled to one third of the deceased’s estate there being two other stirpital branches of the family. One such branch was represented by the claimant’s brother. The claimant’s niece who was entitled to one sixth of the deceased’s estate intimated a claim that she was entitled to the deceased’s home. She did this in October 1998. The claimant, while being advised by sol...