The parties sought to have declared the effect of a deed of trust under which the on the death of either co-owner, the survivor became entitled to the entirety of the proceeds of sale absolutely. The gift was defective as self defeating. The judge had sought to interpret the deed so as to give the provision effect by restricting the gifts during the joint lives to life interests.
Held: The appeal failed. The judge had correctly interpreted the deed: ‘in interpreting the deed the court can have regard to the fact that it is unlikely that the parties intended clause 4 to be ineffective; on the contrary, they plainly intended it to be effective. If the house was not sold during their joint lives, they intended that it should belong to both during their joint lives and to the survivor absolutely upon the death of the first to die.’
Judges:
Rimer LJ
Citations:
[2009] EWCA Civ 203, [2009] Fam Law 581, [2009] NPC 48, [2009] WTLR 781, [2009] 2 FLR 786, (2008-09) 11 ITELR 975
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Langston v Langston 1834
. .
Cited – Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali HL 1-Mar-2001
Cere Needed Releasing Future Claims
A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead . .
Cited – In re Dugdale, Dugdale v Dugdale 1888
Kay J considered whether a condition in a trust was repugnant: ‘I apprehend that this is the test. An incident of the estate given which cannot be directly taken away or prevented by the donor cannot be taken away indirectly by a condition which . .
Cited – In re Richerson, Scales v Heyhoe 1892
The court considered the doctrine of conversion. . .
Cited – Re Pfrimmer 1936
(Manitoba Court of Appeal) Mr Pfrimmer in his will in 1930, disposed of a house on various trusts. On his death, the question arose as to whether the carrying into effect of the testamentary trusts was prevented by two documents (one called a . .
Lists of cited by and citing cases may be incomplete.
Trusts, Land
Updated: 06 December 2022; Ref: scu.323703
