Hapeshi v Allnatt & Anor

Hapeshi v Allnatt & Anor

There was no express agreement as to the shares or basis of holding the property; adopting a holistic approach, the estate of Mrs Hapeshi is entitled to 50% of the property, and Kevin and Michael's estate to 25% each.

Parties
Claimant: Kyriacos Costas Hapeshi; First Defendant: Athena Allnatt; Second Defendant: Julie Denise Grant-Hapeshi
Jurisdiction
England and Wales
Judgment Date
21 January 2010
Procedural Posture
Civil / Judgment
Outcome
Claim partially succeeds; beneficial shares quantified.
Legal Topics
Constructive Trusts, Proprietary Estoppel, Beneficial Ownership, Quantification of Shares
Property Law Trusts and Estates Constructive Trusts Proprietary Estoppel Beneficial Ownership Quantification of Shares

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Parties

Kyriacos Costas Hapeshi

Claimant

Athena Allnatt

First Defendant

Julie Denise Grant-Hapeshi

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the property at 212 Craven Park Road forms part of the estate of the late Chrystalla Hapeshi or is beneficially owned by the claimant under a constructive trust or proprietary estoppel
  2. 2 Quantification of beneficial shares in the property

Ratio Decidendi

There was no express agreement as to the shares or basis of holding the property; adopting a holistic approach, the estate of Mrs Hapeshi is entitled to 50% of the property, and Kevin and Michael's estate to 25% each.

Court Disposition

Claim partially succeeds; beneficial shares quantified.

Orders

  • Estate of Mrs Hapeshi entitled to 50% share of the property.
  • Kevin Hapeshi entitled to 25% share.