Heslop v Heslop & Anor [2023] EWHC 544 (Ch) (20 March 2023)

The Property was held as a joint tenancy at purchase, reflecting Mrs Hylton's use of Jennifer's £100,000 towards the purchase price. Severance occurred by Mrs Hylton's transfer on 3 April 2012, converting the joint tenancy to a tenancy in common with equal shares. Jennifer had a beneficial interest due to her contribution, and the presumption of joint tenancy was not displaced.

Citation: [2023] EWHC 544 (Ch)
Parties: Claimant: Dudley Heslop; First Defendant: Mona Heslop; Second Defendant: Jennifer Seales
Jurisdiction: England and Wales
Judgment Date: 20 March 2023
Procedural Posture: Part 8 Claim / Judgment After Trial
Outcome: Declaration that the Property was held as tenants in common in equal shares after severance; Jennifer has a beneficial interest.
Legal Topics: Beneficial Ownership, Joint Tenancy, Severance of Joint Tenancy, Resulting Trust, Constructive Trust, Disclosure Obligations

Trusts Property Probate Beneficial Ownership Joint Tenancy Severance of Joint Tenancy Resulting Trust Constructive Trust +1 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2

Parties

Dudley Heslop

Claimant

Mona Heslop

First Defendant

Jennifer Seales

Second Defendant

Procedural Posture

Part 8 Claim / Judgment After Trial

Legal Issues

1 How the beneficial interest in the Property was held when it was bought
2 If the beneficial interest was held on a joint tenancy, whether that joint tenancy was severed

Ratio Decidendi

Court Disposition

Declaration that the Property was held as tenants in common in equal shares after severance; Jennifer has a beneficial interest.

Orders

No order for appointment of trustees
No order for account of rental income