Hilton v Cosnier [2018] EWHC 3728 (Ch) (10 December 2018)

Hilton v Cosnier [2018] EWHC 3728 (Ch) (10 December 2018)

The oral statement made by Mr Walker in May 1994 did not amount to a clear declaration of trust in favour of the grandchildren; it was an explanation to Miss Overton regarding her life interest and an expression of future intention, not an immediate binding trust. Mr Walker's subsequent conduct was inconsistent with the existence of such a trust.

Citation
[2018] EWHC 3728 (Ch)
Parties
Appellant/claimant: George Henry John Hilton; Respondent/defendant: Jacqueline Clare Cosnier
Jurisdiction
England and Wales
Judgment Date
10 December 2018
Procedural Posture
Chancery Appeal / Appeal From Order of District Judge Lightman, County Court at Central London
Outcome
Appeal dismissed
Legal Topics
Declaration of Trust, Oral Trusts, Beneficial Interest, Interpretation of Intention, Inheritance
Trusts and Estates Property Law Declaration of Trust Oral Trusts Beneficial Interest Interpretation of Intention Inheritance

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Parties

George Henry John Hilton

Appellant/claimant

Jacqueline Clare Cosnier

Respondent/defendant

Procedural Posture

Chancery Appeal / Appeal From Order of District Judge Lightman, County Court at Central London

Legal Issues

  1. 1 Whether an oral statement made by Mr Walker in May 1994 created a trust in favour of the grandchildren after a life interest for Miss Overton
  2. 2 Whether the district judge erred in interpreting the oral statement as not creating such a trust

Ratio Decidendi

The oral statement made by Mr Walker in May 1994 did not amount to a clear declaration of trust in favour of the grandchildren; it was an explanation to Miss Overton regarding her life interest and an expression of future intention, not an immediate binding trust. Mr Walker's subsequent conduct was inconsistent with the existence of such a trust.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted to the extent necessary
  • Claim for declaration of trust in favour of grandchildren dismissed