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...
Luke Barnes highlights the cohabitant cases that fall outside of the judgment in Jones v Kernott and the applicable case law ‘The claimant in sole name cases continues to face a stern test to establish a beneficial interest by virtue of an inferred common intention. In particular, it continues to be unclear what conduct may …
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