Hudson v Hathway [2022] WTLR 973
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...
James v James & ors [2018] WTLR 1313
Wills & Trusts Law Reports | Winter 2018 #170The deceased was a self-made man who had operated a farming business and a haulage company in partnership with his wife (the third defendant) and his son (the claimant). Over the course of his life, he purchased a number of parcels of agricultural land in Dorset. In 2007 he gave two of these parcels to one of his daughters (the first defendant). In 2009 the partnership dissolved, and the deceased transferred one of the parcels to himself and the third defendant to hold jointly. At the same time the claimant was given one of the parcels and the haulage business.
The deceased died i...
Curran v Collins [2015] EWCA Civ 404
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...
Herbert v Doyle & anr [2010] EWCA Civ 1095
Wills & Trusts Law Reports | November 2015 #154The appellant (Mr Herbert) owned the freehold of a house and a large garden. The respondents (Mr Doyle and Mr Talati) owned the freehold of an adjacent property comprising a dental surgery with nine parking spaces. They also leased part of the ground floor in the main house from Mr Herbert. They carried on a practice as dental practitioners from the freehold and leasehold premises and they and their clients used the parking spaces. Mr Herbert wished to develop the former walled garden of Mansfield House and to build mews houses, but to do so he needed Mr Doyle and Mr Talati to exchange s...
Suggitt v Suggitt & anr [2011] EWHC 903 (Ch)
Wills & Trusts Law Reports | December 2011 #115F was a farmer. His family had amassed farmland and property, which he owned and farmed. There were three residential properties belonging to F. F had three daughters including C and a son J. J had worked on the farm from childhood and F had paid the fees for J to go to agricultural college. J was also permitted to find employment elsewhere to earn money. At one point J obtained some inheritance, which he used to move away from the farm for a short period until the money ran out. J then returned to the farm where he lived with his girlfriend G and their children. J continued to do some w...