The claimant appealed against refusal of his claim for income support. He owned property in France which had been counted to disallow his entitlement for the capital resources. Under French law the property would have been counted as subject to a trust depriving him of any beneficial interest.
Held: The appeal failed. The house had been placed in his name in order to avoid French inheritance taxes. That could not be left out of the putative implied trust. The 1987 Act produced a similar consequence.
Lord Justice Mummery, Lady Justice Arden and Lord Justice Elias
[2009] EWCA Civ 1289, Times 17-Feb-2010, [2010] AACR 9, [2010] WTLR 671
Bailii
Recognition of Trusts Act 1987
England and Wales
Cited by:
Judgment – Martin v Secretary of State for Work and Pensions (Permission to Appeal) CA 27-Nov-2009
Whether French law should be treated as the applicable law for a putative trust arising between parties domiciled in England, but relating to immovable property in France, because, in making the arrangements which give rise to the putative trust, . .
These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.381580