McNiven v Niven & Ors [2024] EWHC 1840 (Ch) (19 July 2024)

McNiven v Niven & Ors [2024] EWHC 1840 (Ch) (19 July 2024)

The 1993 transfer severed the joint tenancy but did not deprive Duncan of his 50% beneficial interest. Mrs McNiven made repeated assurances that Duncan would inherit No.138, and Duncan relied to his detriment by paying the mortgages and not realising his interest. Proprietary estoppel applies, but the remedy must reflect Mrs McNiven's mortgage contributions. Duncan is entitled to the net proceeds of sale of No.138, less £13,310 to be retained by Mrs McNiven's estate.

Citation
[2024] EWHC 1840 (Ch)
Parties
Claimant: Duncan McNiven; First Defendant: Isla Jane Niven; Second Defendant: Heather McNiven; Third Defendant: Sarah Spencer-Futter
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Property, Trusts and Probate Dispute / Final Judgment
Outcome
Claim allowed in part
Legal Topics
Beneficial Ownership, Severance of Joint Tenancy, Proprietary Estoppel, Mortgage Repayment, Intestacy
Property Law Trusts Probate Beneficial Ownership Severance of Joint Tenancy Proprietary Estoppel Mortgage Repayment Intestacy

Case Brief

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Parties

Duncan McNiven

Claimant

Isla Jane Niven

First Defendant

Heather McNiven

Second Defendant

Sarah Spencer-Futter

Third Defendant

Procedural Posture

Property, Trusts and Probate Dispute / Final Judgment

Legal Issues

  1. 1 Whether Duncan retained a beneficial interest in 138 Queen's Road after transfer of legal title in 1993
  2. 2 Whether proprietary estoppel entitles Duncan to the whole property
  3. 3 Extent of mortgage payments by Duncan and Mrs McNiven

Ratio Decidendi

The 1993 transfer severed the joint tenancy but did not deprive Duncan of his 50% beneficial interest. Mrs McNiven made repeated assurances that Duncan would inherit No.138, and Duncan relied to his detriment by paying the mortgages and not realising his interest. Proprietary estoppel applies, but the remedy must reflect Mrs McNiven's mortgage contributions. Duncan is entitled to the net proceeds of sale of No.138, less £13,310 to be retained by Mrs McNiven's estate.

Court Disposition

Claim allowed in part

Orders

  • Duncan is entitled to the net proceeds of sale of 138 Queen's Road, Tewksbury, after deduction of £13,310 to be retained by Mrs McNiven's estate.
  • Mrs McNiven's estate is entitled to retain £13,310 from her half share in the proceeds of sale.