Tracy Daly & Anor v Gareth Webber

Tracy Daly & Anor v Gareth Webber

There was no agreement by Victor to assign his share in Vivien's estate or the property to the Defendant. Victor intended his assets to go to his daughters, and the Defendant failed to comply with his duties as executor by not distributing the estate appropriately. Victor's estate retains a 50% beneficial interest in the property.

Parties
Claimant: Tracy Daly; Claimant: Sally Webber; Defendant: Gareth Webber
Jurisdiction
England and Wales
Judgment Date
15 December 2025
Procedural Posture
Civil / Judgment
Outcome
Declaration granted that Victor's estate has a 50% interest in the property.
Legal Topics
Beneficial Interest, Executor Duties, Assent of Property, Distribution of Estate, Will Interpretation
Trusts and Estates Property Law Beneficial Interest Executor Duties Assent of Property Distribution of Estate Will Interpretation

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Parties

Tracy Daly

Claimant

Sally Webber

Claimant

Gareth Webber

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Victor John Webber's estate retains a 50% beneficial interest in 16 Westbourne Terrace, Buckley, Flintshire
  2. 2 Whether Gareth Webber is required to account to Victor's estate for his share in the property
  3. 3 Whether Victor agreed to assign his beneficial interest in the property to Gareth Webber at the family meeting on 26 April 2022

Ratio Decidendi

There was no agreement by Victor to assign his share in Vivien's estate or the property to the Defendant. Victor intended his assets to go to his daughters, and the Defendant failed to comply with his duties as executor by not distributing the estate appropriately. Victor's estate retains a 50% beneficial interest in the property.

Court Disposition

Declaration granted that Victor's estate has a 50% interest in the property.

Orders

  • Property to be transferred into the joint names of the Claimants and the Defendant or Defendant to account to Victor's estate for his share of the property (to be determined at next hearing)
  • Defendant must account for LV moneys received as executor