Source: All England Reporter
Publisher Citation: [2012] All ER (D) 51 (Oct)
Neutral Citation: [2012] EWCA Civ 1208
Court: Court of Appeal, Civil Division

Lord Justice Lloyd, Lord Justice Richards and Lord Justice Elias

Representation Leslie Blohm QC and Philip Jenkins (instructed by Wolferstans, Plymouth) for the claimants.
  Alexander Learmouth (instructed by Foot Anstey LLP) for the defendants.
Judgment Dates: 4 October 2012


Trust and trustee - Constructive trust - Oral arrangements - Deceased inviting defendants to share property - Defendants moving into property with deceased - Deceased issuing proceedings seeking declaration defendants having no beneficial interest in property - Proceedings being taken over by executors of deceased - Defendants claiming deceased promising to leave property to them in will - Defendants seeking declaration of trust - Judge finding property held on trust for defendants - Claimants appealing - Whether judge erring.

The Case

Trust and trustee Constructive trust. The Court of Appeal, Civil Division, upheld a decision that the defendants had been entitled to a declaration that property owned by a deceased had been held on trust for them.

Practice Areas

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