Drakeford v Cotton & Anor [2012] EWHC 1414 (Ch) (25 May 2012)

Drakeford v Cotton & Anor [2012] EWHC 1414 (Ch) (25 May 2012)

The court found that Mary Cotton did not make an immediate lifetime gift of the monies in the joint accounts to Michelle Stain. The statements made in June 2008 expressed an intention to change her will to exclude Lynn Drakeford, but no effective gift or change in beneficial ownership was made prior to death....

Source-derived case information.

Citation
[2012] EWHC 1414 (Ch)
Parties
Claimant: Lynn Drakeford; First Defendant: Russell Cotton; Second Defendant: Michelle Stain
Jurisdiction
England and Wales
Judgment Date
25 May 2012
Procedural Posture
Chancery Division Civil / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Joint Bank Accounts, Resulting Trusts, Lifetime Gifts, Testamentary Dispositions, Survivorship, Wills and Probate
Trusts and Estates Property Law Joint Bank Accounts Resulting Trusts Lifetime Gifts Testamentary Dispositions Survivorship Wills and Probate

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Parties

Lynn Drakeford

Claimant

Russell Cotton

First Defendant

Michelle Stain

Second Defendant

Procedural Posture

Chancery Division Civil / Judgment After Trial

Legal Issues

  1. 1 Whether monies in joint building society accounts formed part of Mary Cotton's estate or passed to Michelle Stain by survivorship
  2. 2 Whether an immediate lifetime gift of the monies was made to Michelle Stain
  3. 3 Whether any beneficial interest vested in Michelle Stain prior to Mary Cotton's death

Ratio Decidendi

The court found that Mary Cotton did not make an immediate lifetime gift of the monies in the joint accounts to Michelle Stain. The statements made in June 2008 expressed an intention to change her will to exclude Lynn Drakeford, but no effective gift or change in beneficial ownership was made prior to death. Therefore, the monies formed part of Mary Cotton's estate and are to be distributed in accordance with her will.

Court Disposition

Claim allowed

Orders

  • The monies in the joint building society accounts form part of Mary Cotton's estate and are to be distributed in accordance with her will.
  • The jewellery forms part of the estate and is to be accounted for as such.