Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles
Authors

PROPERTY: Frear v Frear [2008] EWCA Civ 1320

Sep 29, 2018, 16:12 PM
Slug : frear-v-frear-2008-ewca-civ-1320
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 2, 2008, 05:42 AM
Article ID : 84867

(Court of Appeal; Sir Andrew Morritt, Chancellor, Hooper and Wilson LJJ; 2 December 2008)

The son contributed substantially to the purchase price of the property. The parents supplied the remainder, mostly in the form of a mortgage, which the parents serviced. The son and the parents lived in the property together, agreeing between them that the son owned half the property, even though the property was registered in the name of the parents. On the father's death the mother became the sole legal owner. When the mother died she purported to leave the son half the property in her will, dividing the remainder of the property between four other siblings. The son, who now lived alone in the property, argued that he was entitled either to the entire beneficial interest under the original agreement, or to his own half beneficial interest, plus half the mother's beneficial interest under the will. At first instance the judge dismissed the son's case, on the basis that the parents had held the whole beneficial as well as legal interest, but that the parents had been under an obligation to leave half the property to the son on death.

Dismissing the appeal, and concluding that the son was entitled to only half the property, but for different reasons to the judge, the court noted that under the agreement the son had always held half the beneficial interest in the property. However, the equitable doctrine of election applied and the son was required to decide whether to keep his existing beneficial interest, and renounce his bequest, or to accept his bequest, and compensate the estate by ceding to it his existing beneficial interest or its notional value. Whichever election of gifts the son made, he would end up with half the house.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from