Webster v Webster & Ors [2009] EW Misc 1 (EWCC) (13 January 2009)

Webster v Webster & Ors [2009] EW Misc 1 (EWCC) (13 January 2009)

Angela Webster did not establish a beneficial joint tenancy in 57 Stepney Road or any interest in the MKM shares, but was found to have a constructive trust interest in 57 Stepney Road (not quantified but less than 50%). The intestacy did not make reasonable provision for her, and given her long cohabitation, loss of income, and need for housing, the court ordered the transfer of 57 Stepney Road to her outright and an additional sum to cover the outstanding mortgage as reasonable financial provision under the Inheritance Act 1975.

Citation
[2009] EW Misc 1 (EWCC)
Parties
Claimant: Angela Webster; First Defendant / Administrator: Dale Webster; Second Defendant: Paul Webster; Third Defendant: Third Defendant; Fourth Defendant: Fourth Defendant; Fifth Defendant: Fifth Defendant
Jurisdiction
England and Wales
Judgment Date
13 January 2009
Procedural Posture
Family/probate/inheritance Act Claim / Judgment After Trial
Outcome
Claim partly allowed
Legal Topics
Constructive Trusts, Beneficial Ownership, Inheritance (provision for Family and Dependents) Act 1975, Intestacy, Maintenance Provision
Family Law Trusts and Estates Constructive Trusts Beneficial Ownership Inheritance (provision for Family and Dependents) Act 1975 Intestacy Maintenance Provision

Case Brief

Summary, issues, holding and outcome

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Parties

Angela Webster

Claimant

Dale Webster

First Defendant / Administrator

Paul Webster

Second Defendant

Third Defendant

Third Defendant

Fourth Defendant

Fourth Defendant

Fifth Defendant

Fifth Defendant

Procedural Posture

Family/probate/inheritance Act Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Angela Webster had a beneficial joint tenancy in 57 Stepney Road and MKM shares
  2. 2 Whether Angela Webster is entitled to reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975

Ratio Decidendi

Angela Webster did not establish a beneficial joint tenancy in 57 Stepney Road or any interest in the MKM shares, but was found to have a constructive trust interest in 57 Stepney Road (not quantified but less than 50%). The intestacy did not make reasonable provision for her, and given her long cohabitation, loss of income, and need for housing, the court ordered the transfer of 57 Stepney Road to her outright and an additional sum to cover the outstanding mortgage as reasonable financial provision under the Inheritance Act 1975.

Court Disposition

Claim partly allowed

Orders

  • 57 Stepney Road, Scarborough to be transferred outright to Angela Webster
  • Angela Webster to receive an additional £12,000 to cover the outstanding mortgage