Wills & Trusts Law Reports | Autumn 2022 #188The parties had started a relationship in 1990. Mr Hudson had moved into Ms Hathway’s home and become joint owner. They did not marry and had two sons. The home was sold and another bought in joint names. In 2007 they purchased Picnic House with a mortgage. It was again purchased in joint names with no declaration of trusts. They separated in 2009, with Ms Hathway staying at Picnic House. The mortgage was converted to an interest-only mortgage. It continued to be paid from a joint account into which both of their salaries had been paid.
In July and August 2013 there was an exchang...
Don McCue examines the lessons from Curran v Collins [2015] ‘Two issues currently need to be resolved as a matter of some urgency… First, in no-agreement cases, whether the Rosset threshold requirement should be relaxed. Second, the question of inference or imputation needs clarification.’ Claims on constructive trust principles to a share of the beneficial …
Continue reading "Constructive Trust Claims: Excuses, detriment and imputation"
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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...
