Dingmar v Dingmar Rev 1 [2006] EWCA Civ 942 (12 July 2006)

Dingmar v Dingmar Rev 1 [2006] EWCA Civ 942 (12 July 2006)

The majority held that the court could order the deceased's former severable share of the property, at its value immediately before death, to be treated as part of the net estate, but could also order that the applicant receive a share in the property (e.g., 21%) corresponding to the proportion that the value at...

Source-derived case information.

Citation
[2006] EWCA Civ 942
Parties
Appellant Claimant: Zulekha Bibi Dingmar; Respondent Defendant: Nasimulgani Dingmar
Jurisdiction
England and Wales
Judgment Date
12 July 2006
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Joint Tenancy, Net Estate, Reasonable Financial Provision, Property Valuation on Death
Family Law Succession Law Inheritance (provision for Family and Dependants) Act 1975 Joint Tenancy Net Estate Reasonable Financial Provision Property Valuation on Death

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Parties

Zulekha Bibi Dingmar

Appellant Claimant

Nasimulgani Dingmar

Respondent Defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the court can order that the full half share of a jointly owned property, or only its value at the date of death, be treated as part of the net estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.
  2. 2 Whether the court can award the applicant a share in the property proportionate to the value at death versus current value.

Ratio Decidendi

The majority held that the court could order the deceased's former severable share of the property, at its value immediately before death, to be treated as part of the net estate, but could also order that the applicant receive a share in the property (e.g., 21%) corresponding to the proportion that the value at death bore to the current value. The minority (Lloyd LJ) held that the court was limited to awarding only the value at death, not a proportionate share. The appeal was allowed and the applicant was awarded a half share in the property.

Court Disposition

Appeal allowed

Orders

  • Order under section 9(1) of the 1975 Act that the deceased's former severable share of the property, at its value immediately before death (£20,000), be treated as part of the net estate.
  • Order under section 2(1)(c) and 2(4)(a) of the Act that the Defendant shall hold the property upon a trust of land for himself and the Claimant as tenants in common in equal shares (i.e., a half share each).