The home in which the family had lived was held in the name of a brother. Each party claimed that it was held in trust for them. Chancery proceedings had been consolidated into these ancillary relief applications. The home had been in the husband’s family and was subject to an old but uncompleted series of transactions designed to protect it from Inheritance tax.
Held: The transactions in 1986 were to have left the property in trust for the husband and wife. However the trust was created for an unlawful purpose, and it was too late to withdraw from the transaction. Either an estoppel had been created or there was a concluded contract for the transfer of the land. In either case an interest had been created.
Black J
[2008] EWHC 1874 (Fam), [2009] WTLR 1591, [2009] 1 P and CR DG5, [2009] Fam Law 17, (2008-09) 11 ITELR 748, [2009] 1 FLR 935
Bailii
England and Wales
Citing:
Cited – Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd ChD 1981
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is . .
Cited – Tinker v Tinker CA 1970
The husband bought a business in Cornwall and a house for his family. At first he intended to buy the house in his own name, but was advised that if the venture failed, the house could be taken by his creditors as part of his business assets. It was . .
Cited – Tinsley v Milligan HL 28-Jun-1993
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the . .
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Cited – Gillett v Holt and Another CA 23-Mar-2000
Repeated Assurances Created Equitable Estoppel
Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . .
Cited – Taylor v Bhail CA 1-Nov-1995
A contract involving a fraudulent insurance claim will not be enforced by courts. . .
Cited – Kearley v Thompson 1890
The plaintiff could claim a locus poenitentiae on the grounds of repentance because its confession to the fraud was the result of the frustration by others of its fraudulent purpose. Recovery under a contract performed unlawfully was barred once it . .
Cited – Lowson v Coombes CA 26-Nov-1998
A house was purchased by an unmarried couple to live together, but conveyed into the female partner’s sole name. Her partner was still married, and she feared that on his death his wife would inherit.
Held: ‘the case being one of illegality, I . .
Cited – Bigos v Bousted 1951
The defendant sought to send his family abroad for his daughter’s health, but wanted to provide more money than would be allowed under exchange controls. He entered into an unlawful arrangement with the plaintiff an Italian national to get around . .
Cited – Collier v Collier CA 30-Jul-2002
Fraudulent Intent Negated Trust
The daughter claimant sought possession of business premises from her father who held them under leases. He claimed an order that the property was held in trust for him. The judge that at the time the properties were conveyed, the father had been . .
Cited – Painter v Hutchison and Another ChD 3-Apr-2007
The court was asked whether the illegal intention behind the execution of a declaration of trust had been carried into effect to the extent that it prevented P from asserting that a declaration of trust in relation to a property was a sham and that . .
Cited – 21st Century Logistic Solutions Limited (In Liquidation) v Madysen Limited QBD 17-Feb-2004
The vendor sold computers to the defendant, intending not to account to the commissioners for the VAT. The seller went into liquidation, and the liquidator sought payment. The purchaser had been unaware of the intended fraud and resisted payment. . .
Cited – Barrett v Barrett ChD 19-May-2008
Claim against receiver that bankrupt’s property was held as trustee in trust for claimant. The illegal purpose was to conceal T’s interest in the proceeds of sale from the trustee in bankruptcy thus preventing him from laying claim to property which . .
Lists of cited by and citing cases may be incomplete.
Family, Trusts
Updated: 05 December 2021; Ref: scu.276701