The defendant appealed against an order that he held land on a bare trust for the claimant as personal representative of the deceased. He had acquired the land under survivorship. The court found that the land had been put into joint names under an assent for administrative convenience only and not by way of gift.
Held: The appeal failed. The argument based on a certificate of value included in the assent which would have been unnecessary in a gift was equally inconsistent with the defendant’s own case, and the assent was so badly drafted that no such conclusion could properly be drawn from it.
Judges:
Henderson LJ
Citations:
[2010] EWCA Civ 398
Links:
Statutes:
Administration of Estates Act 1925 33(4)
Jurisdiction:
England and Wales
Land, Trusts
Updated: 17 August 2022; Ref: scu.408566
