AB v CD v EF (Beneficial Interest Application)

AB v CD v EF (Beneficial Interest Application)

The land was not gifted to the Second Respondent; it was placed in his name to avoid Stamp Duty. The Second Respondent holds legal title but beneficial ownership is jointly held by the Applicant and Respondent under a constructive trust, alternatively a resulting trust. Illegality in Stamp Duty evasion does not bar the trust claim.

Parties
Applicant: AB; Respondent: CD; Second Respondent: EF
Jurisdiction
England and Wales
Judgment Date
07 February 2025
Procedural Posture
Financial Remedy Proceedings / Judgment
Outcome
Land held by Second Respondent as legal owner but beneficially for Applicant and Respondent jointly.
Legal Topics
Beneficial Ownership, Constructive Trust, Resulting Trust, Stamp Duty Evasion, Illegality in Trusts
Family Law Trusts Law Property Law Beneficial Ownership Constructive Trust Resulting Trust Stamp Duty Evasion Illegality in Trusts

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Parties

AB

Applicant

CD

Respondent

EF

Second Respondent

Procedural Posture

Financial Remedy Proceedings / Judgment

Legal Issues

  1. 1 Whether the adjacent land was beneficially owned by the Applicant and Respondent or legally and beneficially owned by the Second Respondent
  2. 2 Whether the land was gifted to the Second Respondent
  3. 3 Whether a common intention constructive trust or resulting trust exists

Ratio Decidendi

The land was not gifted to the Second Respondent; it was placed in his name to avoid Stamp Duty. The Second Respondent holds legal title but beneficial ownership is jointly held by the Applicant and Respondent under a constructive trust, alternatively a resulting trust. Illegality in Stamp Duty evasion does not bar the trust claim.

Court Disposition

Land held by Second Respondent as legal owner but beneficially for Applicant and Respondent jointly.

Orders

  • Applicant and Respondent are declared joint beneficial owners of the land; Second Respondent holds legal title on trust for them.
  • Stamp Duty and any penalties to be paid following this judgment.