Allen v Webster [2024] WTLR 775

Wills & Trusts Law Reports | Autumn 2024 #196

By the underlying claim the appellant (the claimant at first instance) had sought a declaration as to the extent of his beneficial interest in a residential property (the property) which he and the respondent (the defendant at first instance) had purchased in joint names, having been at that time a cohabiting couple. Following a dispute, the claimant had moved out of the property only two years or so after it had initially been purchased. Prior to moving out, the claimant had contributed to the mortgage repayments in equal shares with the defendant, but had ceased to make any further con...

Savage v Savage [2024] WTLR 725

Wills & Trusts Law Reports | Summer 2024 #195

Three parcels of land known as Pleasant Rise and Pleasant Rise Farm were held on trust for the respondent and the four children of his late brother (the siblings, including the appellant). The respondent had a two-thirds interest in the largest parcel of land, a three-quarters interest in the second largest parcel of land, and a one-half interest in the smallest parcel of land. The remaining interests were held by the siblings. The properties included land upon which the appellant ran a business involving a campsite, a tennis court and other facilities.

An order for sale was sough...

Bagum v Hafiz & anr [2015] EWCA Civ 801

Wills & Trusts Law Reports | October 2015 # 153

The claimant and two of her sons, the first and second defendants, were trustees of a residential property in Copenhagen Street, Islington which they held on trust for themselves as tenants in common in equal shares. The parties had all contributed financially to the purchase of the property, in which they lived for some time along with the claimant’s other children. The crowded conditions led to tensions, and to the second defendant leaving the property.

The claimant issued proceedings seeking an order obliging the second defendant to sell his interest in the property to th...