Family Law Hub

Beneficial Interest

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  • The claimant was the third wife of the deceased (who died in 1990) and was making three primary claims: (1) that she was now the sole beneficial owner of the property; (2) in the alternative, that she and the defendants (the deceased's children from his first marriage) became equitable co-owners of the property; (3) in the further alternative, she said that she was entitled, as against the deceased's estate, to her statutory legacy and a capitalised life interest, plus interest at 6% per annum since the date of his death. Judgment, 14/09/2018, free
  • The applicant was claiming declarations as to the beneficial ownership of a property, the registered legal ownership of which was her brother. He had obtained a mortgage to buy the property on behalf of the applicant and her then husband as their credit rating was not sufficient. The declarations were granted. Judgment, 09/08/2018, free
  • In a tweet: Court has power to order sale of property to one beneficiary Judgment, 06/08/2018, free
  • Appeal against a finding that the divorced ex-partner of the deceased and the estate of the deceased himself were entitled to half each of the beneficial interest in a property. Appeal also against a costs order. First appeal dismissed and the costs order allowed. Judgment, 01/05/2018, free
  • Appeal against refusal to find that the claimant had paid £600 towards the purchase of a house in 1959 that has since been occupied by his sister and her husband. Appeal dismissed. The burden of proof lay with the claimant that he had made the payment but the trial judge rightly concluded there was insufficient evidence to substantiate that claim. Judgment, 27/03/2018, free

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