The Estate of Nafisa Hasan v Digit Ltd & anr [2024] WTLR 883
Wills & Trusts Law Reports | Autumn 2024 #196The court determined preliminary issues in respect of whether the deceased (who died in 2022 after the issue of proceedings) had a beneficial interest in a residential flat and, if so, what that interest was and whether the interest was held on an express trust, constructive trust or resulting trust, or under the doctrine of proprietary estoppel.
The first defendant was a Cayman Island company incorporated in 1998, which acquired the leasehold title of the flat shortly afterwards. The first defendant was incorporated by the deceased’s former husband, a colonel in the Pakistani arm...
Scott v Southern Pacific Mortgages Limited & ors [2014] UKSC 52
Wills & Trusts Law Reports | July/August 2015 #151The appeal arose from one of what were originally ten test cases in which the defendant home owners (the vendors) were persuaded to sell their properties to purchasers (the purchasers) who promised the vendors the right to remain in their homes after the sale. The purchasers bought the homes with the assistance of mortgages from lenders (the lenders), who were not given notice of the promises to the vendors. Neither the rights of occupation promised by the purchasers to the vendors nor the tenancies granted by the purchasers were permitted by the lenders’ mortgage. Exchange of contracts ...