Ivin v Blake
Ivin v Blake
- 1994
- Property and Compensation Reports (1994) 67 P&CR 263-281(19) .
CA 25 May 1993. Appeal against a county court decision in favour of B who claimed he was sole legal and beneficial owner of a property. Briefly, a mother, daughter and son purchased a house to live in. The purchase was in the son`s name, but the mother made all payments involved. On the mother`s death, her will appointed the son as executor, who claimed he was the sole legal and beneficial owner. The daughter appealed, CA held, dismissing the appeal against the order made on the daughter`s claim, but allowing the appeal against the order made on the son`s counterclaim: the mother`s beneficial interest survived her death, and the son held the legal title subject to that interest: - for himself and his two sisters as tenants in common in equal shares.
BENEFICIAL INTEREST
TRUST
CA 25 May 1993. Appeal against a county court decision in favour of B who claimed he was sole legal and beneficial owner of a property. Briefly, a mother, daughter and son purchased a house to live in. The purchase was in the son`s name, but the mother made all payments involved. On the mother`s death, her will appointed the son as executor, who claimed he was the sole legal and beneficial owner. The daughter appealed, CA held, dismissing the appeal against the order made on the daughter`s claim, but allowing the appeal against the order made on the son`s counterclaim: the mother`s beneficial interest survived her death, and the son held the legal title subject to that interest: - for himself and his two sisters as tenants in common in equal shares.
BENEFICIAL INTEREST
TRUST