Fantini v Scrutton & ors [2020] WTLR 1273
Wills & Trusts Law Reports | Winter 2020 #181The claim was brought by the executor of the estate of Iris Mary Fantini. Iris and Gloria Fantini were mother and daughter respectively. They jointly owned a property at 7 Merlin Way, Mudeford, Dorset. Gloria predeceased Iris. The application was brought under Part 64 of the CPR to determine whether the joint tenancy was severed by Gloria and whether Iris’s estate’s costs of the claim should be met from the remaining sale proceeds of the property.
On 5 December 2013 Gloria had executed a will and signed a notice purporting to sever the joint tenancy under s36(2) of the Facts In October 2002 the testator (T) and the first claimant (C1) bought Little Hendra Farm, Looe, Cornwall (the farm). They purchased as joint tenants. The farm consisted of a bungalow and some fields, within three registered titles. Title X included Village Field and Title Y included the Bungalow and Borehole and Church Fields. In fact, Title Z was the subject of a conveyancing mix-up, which was discovered later and resolved in 2008 by a transfer of the title, using form TR1, to T and C1 expressly as ‘joint tenants’. In 2007, T and C1 made wills in substantially similar ...
W and M were married in 1969 and divorced in 1974. During their marriage, they bought a leasehold property with the proceeds of their former matrimonial home and a mortgage loan for the balance. The benefit of the long lease of the property was conveyed to them as joint tenants. M moved out of the property in 1973 and began divorce proceedings. No steps were taken in the divorce to deal with the ownership of the house, which remained vested in them as joint tenants. After M left the property, W had treated it as his own, insuring, maintaining and improving it and, soon after the divorce,...
88 Leyland Road, London (property) was purchased by the parties in January 1996 for approximately £135,000 using approximately £25,000 from their savings for the deposit and taking out a joint repayment mortgage for the balance with HSBC. It was registered in their names as joint tenants. Both contributed to the cost of installing double glazing, resurfacing the driveway and landscaping the garden. The appellant, who had acquired other buy-to-let properties in his sole name, told the respondent in early 2005 that he wanted to remortgage the property because of debt problems. The property...
Kiritkumar Mahendersinh Mahida (testator) and his wife, the defendant, owned (inter alia) freehold property at 148-152 Leytonstone Road London as beneficial joint tenants. They were, however, separated when the testator made his last will (will) on 17 July 2002. After appointing the first and second claimants his executors and trustees, the testator gave certain property to his brother, the third claimant, and his three sons, the fourth to sixth claimants. In particular, by clause 3(c) he gave them an interest in the property at Leytonstone Road, but unfortunately expressed the ...
The appellant (Mrs Quigley) appealed to Henderson J from an adjudication by HM Land Registry that the joint tenancy of her father (Mr Pilkington) and the respondent (Mrs Masterson) had not been severed prior to Mr Pilkington’s death on 20 March 2009. Mr Pilkington and Mrs Masterson lived together between 1978 and 2001 but never married. They bought 173 North Street, Coventry (North Street) as joint tenants on 24 August 1992. Their relationship ended in 2001 and Mrs Masterson left North Street. In 2002, Mr Pilkington’s solicitor attempted to sever the joint tenancy. Th...
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[2018] WTLR 337
Wills & Trusts Law Reports | Spring 2018 #171Barnes v Phillips [2015] EWCA Civ 1056
Wills & Trusts Law Reports | January/February 2016 #156Joshi & ors v Mahida [2013] EWHC 486 (Ch)
Wills & Trusts Law Reports | June 2013 #130Quigley v Masterson [2011] EWHC 2529 (Ch)
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