The Estate of Nafisa Hasan (deceased) v Digit Limited (in liquidation) & Anor

The Estate of Nafisa Hasan (deceased) v Digit Limited (in liquidation) & Anor

Nafisa Hasan was the beneficial owner of the leasehold title to the Property after its purchase in 1998 and up to her death in 2022, by reason of a resulting and/or constructive trust. The Property was purchased with profits from Integral Resources as her share, pursuant to an oral agreement with Colonel Hasan, and she relied on this to her detriment. The use of Digit Limited as legal owner was to keep ownership discreet, not to defeat her beneficial interest. The evidence was consistent and unchallenged, and the silence and lack of contrary evidence from Digit and Colonel Hasan strengthened the estate's case.

Parties
Claimant: The Estate of Nafisa Hasan (Deceased) (acting by Adeela Unger and Richard de Unger as personal representatives); First Defendant: Digit Limited (in liquidation); Second Defendant: EFG Private Bank (Channel Islands) Limited
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Civil Property/trusts / Trial of Preliminary Issues
Outcome
Claimant's preliminary issues succeed; Nafisa Hasan's estate is declared beneficial owner of the Property.
Legal Topics
Beneficial Ownership, Resulting Trust, Constructive Trust, Proprietary Estoppel, Express Trust, Family Property, Section 14 Trusts of Land and Appointment of Trustees Act 1996
Trusts Property Law Equity Beneficial Ownership Resulting Trust Constructive Trust Proprietary Estoppel Express Trust +2 more

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Parties

The Estate of Nafisa Hasan (Deceased) (acting by Adeela Unger and Richard de Unger as personal representatives)

Claimant

Digit Limited (in liquidation)

First Defendant

EFG Private Bank (Channel Islands) Limited

Second Defendant

Procedural Posture

Civil Property/trusts / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether Nafisa Hasan had a beneficial interest in Flat 13, 42 Upper Berkeley Street, London W1H 5QL
  2. 2 If so, what was the nature of that interest (express trust, constructive trust, resulting trust, proprietary estoppel)

Ratio Decidendi

Nafisa Hasan was the beneficial owner of the leasehold title to the Property after its purchase in 1998 and up to her death in 2022, by reason of a resulting and/or constructive trust. The Property was purchased with profits from Integral Resources as her share, pursuant to an oral agreement with Colonel Hasan, and she relied on this to her detriment. The use of Digit Limited as legal owner was to keep ownership discreet, not to defeat her beneficial interest. The evidence was consistent and unchallenged, and the silence and lack of contrary evidence from Digit and Colonel Hasan strengthened the estate's case.

Court Disposition

Claimant's preliminary issues succeed; Nafisa Hasan's estate is declared beneficial owner of the Property.

Orders

  • The remaining issues in the proceedings to be listed for case management at a hearing, on notice to EFG, with further submissions on consequential orders to be made.