Source: All England Reporter
Publisher Citation: [2007] All ER (D) 248 (May)
Neutral Citation: [2007] EWHC 1169 (Ch)
Court: Chancery Division
Judge:

Michael Furness QC sitting as a deputy judge of the High Court
Representation Richard Wilson (instructed by Johnson Sillett Bloom) for the claimants.
  Francis Moraes (instructed by Bathurst Brown Downie & Airy) for the defendant.
Judgment Dates: 16 May 2007

Catchwords

Trust and trustee - Resulting trust - Intention to make gift - Deceased transferring investment account into joint names of herself and defendant prior to death - Deceased claiming beneficial ownership of account - Personal representatives of estate bringing proceedings - Whether deceased intending to confer beneficial ownership on defendant.

The Case

Trust and trustee Resulting trust. Where the personal representatives of the deceased's estate brought proceedings against the defendant, who claimed to be beneficially entitled to an investment account which the deceased had transferred into the joint names of herself and the defendant prior to her death, the court ruled that, in the circumstances, the deceased had not intended the defendant to take the account beneficially. Accordingly it formed part of the estate. On the totality of the evidence, the deceased had probably intended that putting the defendant's name on the joint account would be a matter of administrative convenience.

Practice Areas

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