Hyett v Stanley & Ors [2003] EWCA Civ 942 (20 June 2003)

Hyett v Stanley & Ors [2003] EWCA Civ 942 (20 June 2003)

On execution of the Barclays Bank legal charge in 1992, Miss Hyett became entitled to an immediate and absolute half share of the beneficial interest in the farm by way of constructive trust, based on common intention and joint liability; she is not entitled to repayment of £91,337 from the RSA policy proceeds, which were intended to discharge the mortgage.

Citation
[2003] EWCA Civ 942
Parties
Claimant/appellant: Lynette Dawn Hyett; Defendants/respondents: Stanley & Others (Executors of Mr Freeman's estate)
Jurisdiction
England and Wales
Judgment Date
20 June 2003
Procedural Posture
Civil Appeal / Appeal From High Court, Chancery Division
Outcome
Appeal allowed in part; declaration of half share in farm for Miss Hyett; appeal dismissed regarding RSA policy proceeds.
Legal Topics
Constructive Trust, Beneficial Ownership, Proprietary Estoppel, Life Insurance Proceeds, Joint Borrowing, Unmarried Cohabitation
Property Law Trusts and Equity Family Law Constructive Trust Beneficial Ownership Proprietary Estoppel Life Insurance Proceeds Joint Borrowing +1 more

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Parties

Lynette Dawn Hyett

Claimant/appellant

Stanley & Others (Executors of Mr Freeman's estate)

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From High Court, Chancery Division

Legal Issues

  1. 1 Whether Miss Hyett is entitled to a half share of the beneficial interest in Whitsun Brook Farm under a constructive trust
  2. 2 Whether Miss Hyett is entitled to repayment of £91,337 from the proceeds of the RSA mortgage protection policy

Ratio Decidendi

On execution of the Barclays Bank legal charge in 1992, Miss Hyett became entitled to an immediate and absolute half share of the beneficial interest in the farm by way of constructive trust, based on common intention and joint liability; she is not entitled to repayment of £91,337 from the RSA policy proceeds, which were intended to discharge the mortgage.

Court Disposition

Appeal allowed in part; declaration of half share in farm for Miss Hyett; appeal dismissed regarding RSA policy proceeds.

Orders

  • Declaration that Miss Hyett is entitled to a half share of the beneficial interest in Whitsun Brook Farm.
  • Miss Hyett not entitled to repayment of £91,337 from RSA policy proceeds; must reimburse executors for £14,687 expended from Norwich Union policy.