Magiera v Magiera [2016] EWCA Civ 1292
Wills & Trusts Law Reports | March 2017 #167The parties were previously married. In 1990, they acquired a house in London in their joint names. In April/May 2014, the wife issued an application under the Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA 1996‘) seeking an order for sale of the house, together with an order that the net proceeds be distributed between herself and her husband in equal shares. The husband contested the jurisdiction of the English court to entertain the wife’s proceedings and applied for them to be dismissed or stayed. The wife argued that England and Wales...
Ely v Robson [2016] EWCA Civ 774
Wills & Trusts Law Reports | October 2016 #163The defendant (D) appealed against an order of His Honour Judge Blair QC whereby he made a declaration as to the extent of the parties’ beneficial interests in a property (the property).
D met the claimant (C) in 1986. A year later, C moved with his three sons into D’s house (37 Ashley Road). That year, C also purchased the property with a mortgage and conveyed it into his sole name. D made no contribution to the purchase price.
In 1989, D purchased another property (89 Bournemouth Road). C maintained that he contributed c.£16,000 to the purchase price, but D di...
Heer v Singha [2016] EWCA Civ 424
Wills & Trusts Law Reports | September 2016 #162This was an appeal against a declaration that H held only 50 per cent of the beneficial interest in the property. The property was registered in the name of S, the former husband of the respondent.
H and S were childhood friends who had formed a partnership for acquiring properties together in around 1998. H claimed that in 2001 he and S had agreed that H would provide funds to S to aid S to purchase the property, to be repaid within five years. The legal ownership was to be in S’s name only but H was to be the sole beneficial owner until he was repaid in full. Two documents...
Preedy & anr v Dunne & ors [2015] EWHC 2713 (Ch)
Wills & Trusts Law Reports | December 2015 #155This claim concerned a property. The freehold had belonged legally and beneficially to J who had run a business of a pub and restaurant from the property in partnership with her husband B. J died in 1997. On her death the property passed by her will to her executors and trustees, essentially for the benefit of B for his life and, subject to B’s interest, for J’s three children in equal shares (the will trust).
The claimants were the current trustees of the will trust and hence the legal owners of the freehold of the property. The first defendant was J’s son (one of the beneficiari...