Hilton v Cosnier

Hilton v Cosnier

The oral statement made by Mr Walker did not amount to a clear declaration of trust in favour of the grandchildren. The evidence and subsequent conduct indicated no intention to create an immediate binding trust beyond a possible life interest for Miss Overton.

Parties
Appellant/claimant: George Henry John Hilton; Respondent/defendant: Jacqueline Clare Cosnier
Jurisdiction
England and Wales
Judgment Date
10 December 2018
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Declaration of Trust, Oral Trusts, Beneficial Interest, Interpretation of Statements
Trusts Law Property Law Declaration of Trust Oral Trusts Beneficial Interest Interpretation of Statements

Case Brief

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Parties

George Henry John Hilton

Appellant/claimant

Jacqueline Clare Cosnier

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether an oral statement made by Mr Walker in May 1994 created a trust in favour of the grandchildren after a life interest for Miss Overton.

Ratio Decidendi

The oral statement made by Mr Walker did not amount to a clear declaration of trust in favour of the grandchildren. The evidence and subsequent conduct indicated no intention to create an immediate binding trust beyond a possible life interest for Miss Overton.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Permission to appeal granted to the extent necessary