The claimant owned a half share in a property. It was said that this brought her disposable capital above the limit to make a claim. She had inherited it, but had transferred it to her brother in satisfaction of her mother’s wishes.
Judges:
Lord Justice Evans, Lord Justice Potter and Lord Justice Mummery
Citations:
[2000] EWCA Civ 88
Links:
Statutes:
Income Support (General) Regulations 1987
Jurisdiction:
England and Wales
Citing:
Cited – Bull v Bull CA 1955
The parties were mother and son who had purchased a property as joint tenants. The son contributed a greater part of the purchase price. The son then married, and agreements were reached as to occupation of different parts of the house. When those . .
Cited – In re Mayo ChD 1943
The court discussed the duty of trustees to sell in the absence of unanimity: ‘The trust for sale will prevail, unless all three trustees agree in exercising the power to postpone.’ . .
Cited – Chief Adjudication Officer and Another v Palfrey; Same v Dowell, Same v McDonnell CA 17-Feb-1995
Property was acquired by joint owners to provide accommodation for both joint owners. That purpose would be defeated if one of those acquiring the property were to insist on a sale while that purpose was still subsisting. The value of a joint . .
Cited – Jones v Challenger CA 1960
The test under the section was whether it was inequitable to make the order for sale where one of the joint beneficiaries, who in that case were ex-husband and wife, wished to realise their investment in the property.
Held: Referring to the . .
Cited – Barclay v Barclay CA 1970
The question arose prior to sale between the sole trustee and an occupying beneficial tenant in common as to whether the property should be sold.
Held: The trustee of land was entitled to sell the property and divide the proceeds as the prime . .
Cited – In re Buchanan – Wollaston’s Covenant 1939
When considering the need to order the sale of property against the wishes of a joint owner, ‘the Court has a complete discretion to do what is right and proper, and will not allow the voice of the man who is in breach of his obligation to persist’ . .
Lists of cited by and citing cases may be incomplete.
Land, Benefits
Updated: 31 May 2022; Ref: scu.147121
