||All England Reporter
|| All ER (D) 176 (Jun)
||Court of Appeal, Civil Division
Arden, Wall and Lawrence Collins LJJ
||Valentine Le Grice QC and Cyril Adje (instructed by Redfern Stigant) for the claimant.
||Peter Crampin QC and Adrian Davis (instructed Fisher Meredith LLP) for the defendant.
||13 June 2008
Trusts - Trust and trustee - Constructive trust - Construction of document - Document setting out deceased's undertaking to ensure that one-half beneficial interest of property devolve to the claimant - Deceased dying intestate - Whether claimant having beneficial interest in property.
On the true construction of a memorandum, written by a solicitor setting out the deceased's and his soon to be ex-wife's intentions in regard to how to deal with their matrimonial home as a result of their divorce, the deceased and his ex-wife had intended for part of the property to be kept for their daughter, the claimant, as a beneficial interest albeit subject to the deceased's right to occupy property if he wished to do so.
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