Rebutting presumption of advancement
Rebutting presumption of advancement
- 1995
- Times 13 April 1995, 36(1) .
In "McGrath v Wallis", CA 10 March 1995, it was held that where a house had acquired for joint occupation but was conveyed into the name of only one of the occupants, the equitable presumption of advancement was to be considered as a judicial instrument of last resort. Not only in cases between husband and wife but also in those between father and child the presumption was rebuttable by comparatively slight evidence.
CONVEYANCING
PRESUMPTION OF ADVANCEMENT
In "McGrath v Wallis", CA 10 March 1995, it was held that where a house had acquired for joint occupation but was conveyed into the name of only one of the occupants, the equitable presumption of advancement was to be considered as a judicial instrument of last resort. Not only in cases between husband and wife but also in those between father and child the presumption was rebuttable by comparatively slight evidence.
CONVEYANCING
PRESUMPTION OF ADVANCEMENT