Bourne v Lloyds Tsb Bank Plc & Anor [2015] EWCA Civ 881 (10 June 2015)

Bourne v Lloyds Tsb Bank Plc & Anor [2015] EWCA Civ 881 (10 June 2015)

The applicant failed to demonstrate any real prospect of success on appeal as the judge below made findings of fact and law that were open to him on the evidence, including the appointment of Lloyds TSB Bank PLC as executor, the absence of an inter vivos gift, and the lack of any consequential order regarding jointly owned properties.

Citation
[2015] EWCA Civ 881
Parties
First Respondent/claimant: Ms Allayne Bourne; Second Respondent/first Defendant: Lloyds TSB Bank PLC; Applicant/second Defendant: Mr Jeremy Alfred Blacker
Jurisdiction
England and Wales
Judgment Date
10 June 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Renewed application for permission to appeal refused
Legal Topics
Appointment of Executor, Inter Vivos Gifts, Beneficial Ownership, Conflict of Interest in Administration of Estate
Wills and Probate Trusts and Estates Appointment of Executor Inter Vivos Gifts Beneficial Ownership Conflict of Interest in Administration of Estate

Case Brief

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Parties

Ms Allayne Bourne

First Respondent/claimant

Lloyds TSB Bank PLC

Second Respondent/first Defendant

Mr Jeremy Alfred Blacker

Applicant/second Defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in appointing Lloyds TSB Bank PLC as sole executor
  2. 2 Whether there was an inter vivos gift of property to Mr Blacker
  3. 3 Whether findings regarding jointly owned properties with Rosa Jones were erroneous

Ratio Decidendi

The applicant failed to demonstrate any real prospect of success on appeal as the judge below made findings of fact and law that were open to him on the evidence, including the appointment of Lloyds TSB Bank PLC as executor, the absence of an inter vivos gift, and the lack of any consequential order regarding jointly owned properties.

Court Disposition

Renewed application for permission to appeal refused