SQ v RQ & Anor [2008] EWHC 1874 (Fam) (31 July 2008)

SQ v RQ & Anor [2008] EWHC 1874 (Fam) (31 July 2008)

The court found, on the balance of probabilities, that the 1986 gifts of 36 BR and other assets by FQ to MQ and RQ were subject to verbal conditions reserving control and ownership to FQ until his death, and were not absolute. The conduct of the parties, documentary evidence, and credible testimony supported the...

Source-derived case information.

Citation
[2008] EWHC 1874 (Fam)
Parties
Petitioner: SQ; Respondent/claimant: RQ; Respondent/1st Defendant: MQ; 2nd Defendant: FQ
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Consolidated Ancillary Relief and Property Ownership Proceedings / Judgment After Trial
Outcome
Ownership of 36 BR determined to remain with FQ; no beneficial interest found for RQ or SQ.
Legal Topics
Beneficial Ownership, Inheritance Tax, Conditional Gifts, Revocation of Gifts, Constructive Trusts, Ancillary Relief
Family Law Property Law Trusts and Estates Beneficial Ownership Inheritance Tax Conditional Gifts Revocation of Gifts Constructive Trusts +1 more

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Summary, issues, holding and outcome

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Parties

SQ

Petitioner

RQ

Respondent/claimant

MQ

Respondent/1st Defendant

FQ

2nd Defendant

Procedural Posture

Consolidated Ancillary Relief and Property Ownership Proceedings / Judgment After Trial

Legal Issues

  1. 1 Whether the 1986 gifts of property and shares by FQ to MQ and RQ were absolute or conditional
  2. 2 Whether RQ and SQ have a beneficial interest in 36 BR
  3. 3 Whether revocation of gifts by FQ was effective

Ratio Decidendi

The court found, on the balance of probabilities, that the 1986 gifts of 36 BR and other assets by FQ to MQ and RQ were subject to verbal conditions reserving control and ownership to FQ until his death, and were not absolute. The conduct of the parties, documentary evidence, and credible testimony supported the existence of these conditions. Therefore, RQ and SQ do not have a beneficial interest in 36 BR, and the ancillary relief proceedings must be adjourned pending resolution of remaining issues.

Court Disposition

Ownership of 36 BR determined to remain with FQ; no beneficial interest found for RQ or SQ.

Orders

  • Ancillary relief proceedings between SQ and RQ adjourned to be resolved by District Judge.
  • No order for transfer of 36 BR to RQ or SQ.