Pudner & Anor v Pudner [2006] EWCA Civ 250 (27 February 2006)

Pudner & Anor v Pudner [2006] EWCA Civ 250 (27 February 2006)

The beneficial interest in 26 Byron Avenue was held as a joint tenancy in equity by virtue of the express declaration in the 1986 conveyance; there was no evidence of fraud, mistake, or severance, and subsequent wills and Land Registry entries did not alter this. Costs were properly ordered against the defendants personally as the estate beneficiaries were not consulted and the claim was not properly defended at the estate's expense.

Citation
[2006] EWCA Civ 250
Parties
First Claimant/appellant: Reginald I Pudner; Second Claimant/appellant: Elizabeth L Seaman; Defendant/respondent: Ivor Pudner
Jurisdiction
England and Wales
Judgment Date
27 February 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court (chancery Division) Order
Outcome
Application for permission to appeal refused.
Legal Topics
Joint Tenancy, Severance of Joint Tenancy, Beneficial Ownership, Interpretation of Wills, Costs Orders
Property Law Wills and Probate Joint Tenancy Severance of Joint Tenancy Beneficial Ownership Interpretation of Wills Costs Orders

Case Brief

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Parties

Reginald I Pudner

First Claimant/appellant

Elizabeth L Seaman

Second Claimant/appellant

Ivor Pudner

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court (chancery Division) Order

Legal Issues

  1. 1 Whether the beneficial interest in 26 Byron Avenue, Plymouth passed to Ivor Pudner by survivorship as a joint tenant or was held as tenants in common
  2. 2 Whether subsequent wills or Land Registry entries severed the joint tenancy
  3. 3 Whether costs should be borne personally by the defendants or from the estate

Ratio Decidendi

The beneficial interest in 26 Byron Avenue was held as a joint tenancy in equity by virtue of the express declaration in the 1986 conveyance; there was no evidence of fraud, mistake, or severance, and subsequent wills and Land Registry entries did not alter this. Costs were properly ordered against the defendants personally as the estate beneficiaries were not consulted and the claim was not properly defended at the estate's expense.

Court Disposition

Application for permission to appeal refused.

Orders

  • Application for permission to appeal is refused.