Source: All England Reporter
Publisher Citation: [2010] All ER (D) 55 (Jul)
Neutral Citation: [2010] EWHC 1386 (Ch)
Court: Chancery Division
Judge:

Kitchin J

Representation Adrian Davies (instructed by Southfields Solicitors) for the claimants.
  The defendant was not represented and did not appear.
Judgment Dates: 30 April 2010

Catchwords

Administration of estates - Beneficial interest - Unadministered estate - Widow of deceased and administratrix of his estate claiming to be beneficially entitled to half of all of assets of estate - Children of deceased seeking declaration that assets of estate were sole property of deceased - Trial of issue of whether assets of estate jointly owned by defendant and deceased or sole property of deceased.

The Case

Administration of estates Beneficial interest. The Chancery Division held that where the defendant, the widow of the deceased, had adduced no evidence and disclosed no documents to support her claim that the deceased had held assets or any share in them on trust for her, the claimants were entitled to a declaration that the assets were the sole property of the deceased.

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