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...

Chaston v Chaston [2018] WTLR 391

Wills & Trusts Law Reports | Summer 2018 #172

The parties were three of the four children of Sybil and John Chaston (‘the parents’). They inherited from their parents a freehold property (‘the Property’). The Property was currently held by the Appellants and the Respondent upon trust for the Respondent as to 50%, and as to 25% for each of the two Appellants. 


In proceedings brought under s14 of the Trusts of Land and Appointment of Trustees Act 1996 the District Judge ordered that the Property should be sold to the Respondent at a price to be determined by a valuation exercise. 


The hearing before the District Judge ...