Morley v Morley & anr [2023] WTLR 299

Wills & Trusts Law Reports | Spring 2023 #190

In 2007, the claimant gave her father (Ray) a sum of £150,000. The payment was a contribution towards a house (the property) that Ray intended to purchase with his wife, the first defendant.

The claimant alleged an agreement by which, in exchange for the payment of £150,000, Ray would leave his half-share of the property to the claimant and her brother.

The purchase of the property was completed using a TP1 transfer form. The form was signed by the third-party transferor and the box was ticked providing for the transferees, Ray and the first defendant, to hold the property ...

Witnesses: The problems of evidence many years after the event

Simon Readhead QC considers the difficulties caused by historic claims ‘Although the key factual witness had some recollection of the events under scrutiny, her evidence was necessarily an exercise in reconstruction from memory, contemporaneous records and what she believed she would have done and thought.’ Issues relating to memory and witness evidence continue to trouble …
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