| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 176 (Jun) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Arden, Wall and Lawrence Collins LJJ |
| Representation | 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. | |
| Judgment Dates: | 13 June 2008 |
Catchwords
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.
The Case
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.
Practice Areas
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