Churchill v Roach & Ors [2002] EWHC 3230 (Ch) (18 July 2002)

Churchill v Roach & Ors [2002] EWHC 3230 (Ch) (18 July 2002)

The claimant failed to establish a beneficial interest in the property under constructive trust or proprietary estoppel, as there was no common intention at acquisition or sufficient detriment after a later intention arose. However, she succeeded as a dependant under the 1975 Act, as the deceased had made substantial contributions to her maintenance, and reasonable financial provision required she be entitled to the property on payment of £65,000 to the estate.

Citation
[2002] EWHC 3230 (Ch)
Parties
Claimant: Muriel Churchill; Defendants: Roach & Ors.
Jurisdiction
England and Wales
Judgment Date
18 July 2002
Procedural Posture
Chancery Division Probate/inheritance / Judgment After Trial
Outcome
Claim for beneficial interest dismissed; claim for reasonable financial provision as dependant under the 1975 Act allowed.
Legal Topics
Constructive Trusts, Proprietary Estoppel, Inheritance (provision for Family and Dependants) Act 1975, Cohabitation, Provision for Dependants
Equity and Trusts Family Law Probate Constructive Trusts Proprietary Estoppel Inheritance (provision for Family and Dependants) Act 1975 Cohabitation Provision for Dependants

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Parties

Muriel Churchill

Claimant

Roach & Ors.

Defendants

Procedural Posture

Chancery Division Probate/inheritance / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant has a beneficial interest in 5 and 6 Ferry Lane under a constructive trust or proprietary estoppel
  2. 2 Whether the claimant is entitled to reasonable financial provision from the deceased's estate under the Inheritance (Provision for Family and Dependants) Act 1975

Ratio Decidendi

The claimant failed to establish a beneficial interest in the property under constructive trust or proprietary estoppel, as there was no common intention at acquisition or sufficient detriment after a later intention arose. However, she succeeded as a dependant under the 1975 Act, as the deceased had made substantial contributions to her maintenance, and reasonable financial provision required she be entitled to the property on payment of £65,000 to the estate.

Court Disposition

Claim for beneficial interest dismissed; claim for reasonable financial provision as dependant under the 1975 Act allowed.

Orders

  • Muriel Churchill to be entitled to Nos. 5 and 6 Ferry Lane on condition she pays the estate £65,000.