Heath v Heath & Anor [2009] EWHC 1908 (Ch) (24 July 2009)

Heath v Heath & Anor [2009] EWHC 1908 (Ch) (24 July 2009)

Specific performance of the 1997 agreement is refused due to mistake and delay; the agreement nevertheless severed the joint tenancy, so the property is held on trust for the Claimant and 1st Defendant in equal shares. No order for sale or occupation rent is made; the Claimant must pay all outgoings while in occupation.

Citation
[2009] EWHC 1908 (Ch)
Parties
Claimant: Mary Ann Heath; 1st Defendant: Jacqueline Heath; 2nd Defendant: Kelly Ann Heath
Jurisdiction
England and Wales
Judgment Date
24 July 2009
Procedural Posture
Chancery Division Property/inheritance Dispute / Final Judgment
Outcome
Specific performance refused; declaration of trust for equal shares granted; no order for sale or occupation rent; no family provision order.
Legal Topics
Specific Performance, Beneficial Ownership, Severance of Joint Tenancy, Delay in Equitable Remedies, Inheritance (provision for Family and Dependants) Act 1975, Trusts of Land and Appointment of Trustees Act 1996
Property Law Equity Family Law Trusts Specific Performance Beneficial Ownership Severance of Joint Tenancy Delay in Equitable Remedies +2 more

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Parties

Mary Ann Heath

Claimant

Jacqueline Heath

1st Defendant

Kelly Ann Heath

2nd Defendant

Procedural Posture

Chancery Division Property/inheritance Dispute / Final Judgment

Legal Issues

  1. 1 Whether the 1997 agreement for sale of the 1st Defendant's share is specifically enforceable
  2. 2 Whether the deceased's estate is entitled to the entirety of the beneficial interest in the property
  3. 3 Whether delay and mistake bar specific performance

Ratio Decidendi

Specific performance of the 1997 agreement is refused due to mistake and delay; the agreement nevertheless severed the joint tenancy, so the property is held on trust for the Claimant and 1st Defendant in equal shares. No order for sale or occupation rent is made; the Claimant must pay all outgoings while in occupation.

Court Disposition

Specific performance refused; declaration of trust for equal shares granted; no order for sale or occupation rent; no family provision order.

Orders

  • Declaration that the property is held on trust for the Claimant and 1st Defendant in equal shares.
  • Claimant to pay all outgoings and maintain the property while in occupation.