Duncan McNiven v Isla Jane McNiven & Ors

Duncan McNiven v Isla Jane McNiven & Ors

Duncan is entitled to the net proceeds of sale of No.138, less £13,310 reflecting mortgage payments made by Mrs McNiven, because the 1993 agreement severed the joint tenancy but preserved Duncan's beneficial interest, and proprietary estoppel applies due to assurances, reliance, and detriment.

Parties
Claimant: Duncan McNiven; First Defendant: Isla Jane Niven; Second Defendant: Heather McNiven; Third Defendant: Sarah Spencer-Futter
Jurisdiction
England and Wales
Judgment Date
11 December 2024
Procedural Posture
Civil / Judgment
Outcome
Judgment for claimant in part
Legal Topics
Beneficial Interest, Joint Tenancy, Severance, Proprietary Estoppel, Mortgage Repayment, Intestacy
Property Law Trusts Probate Beneficial Interest Joint Tenancy Severance Proprietary Estoppel Mortgage Repayment +1 more

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Parties

Duncan McNiven

Claimant

Isla Jane Niven

First Defendant

Heather McNiven

Second Defendant

Sarah Spencer-Futter

Third Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Duncan retained a beneficial interest in No.138 after transfer of legal title in 1993
  2. 2 Whether proprietary estoppel entitles Duncan to Mrs McNiven's share in No.138
  3. 3 Extent of mortgage payments made by Duncan and Mrs McNiven

Ratio Decidendi

Duncan is entitled to the net proceeds of sale of No.138, less £13,310 reflecting mortgage payments made by Mrs McNiven, because the 1993 agreement severed the joint tenancy but preserved Duncan's beneficial interest, and proprietary estoppel applies due to assurances, reliance, and detriment.

Court Disposition

Judgment for claimant in part

Orders

  • Duncan is entitled to the proceeds of sale of No.138 after deduction of £13,310, which is to be retained by Mrs McNiven’s estate.