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...
Quaintance v Tandan [2012] EWHC 4416 (Ch)
Wills & Trusts Law Reports | November 2014 #144Mr Quaintance (the defendant) appealed against the decision of HHJ Ellis granted on 24 May 2012. The original decision had been made in a contested application made by Miss Tandan (the claimant) under the Trusts of Land and Trustees Act 1996 for a determination of shares in a property (the property). The outcome of the decision was that the net proceeds of sale following the discharge of the mortgage currently being held by the mortgagee should all be paid to the claimant. Half of these had been paid to the claimant following the decision. The defendant appealed in respect of th...