Edole v Alberty (Beneficial Interests, Trusts and Restrictions : Beneficial Interests, Trusts and Restrictions): FTTPC 30 Jan 2019

Applicant was the personal representative of her mother, who had been the joint owner of a property with her husband, the Respondent (not Applicant’s father). The mother had severed the joint tenancy with Respondent in the 1980s, and a restriction registered to protect her share. After her death, Respondent was able to have the restriction removed by telling Land Registry that he was the sole beneficiary of his late wife’s estate. He had done so after being informed by Applicant’s solicitors that she and her sister had been devised their mother’s share in the property. Applicant applied to reinstate the restriction. Respondent sought to argue that the joint tenancy had not been validly severed. Applicant’s claim succeeded and the restriction was reinstated.

Citations:

[2018] UKFTT 100 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.644526