Burnard v Burnard & Ors

Burnard v Burnard & Ors

The will is to be construed as referring to Grangeway (Contractors) Limited, not Grangeway Properties Limited, due to ambiguity and clear intention. The 1993 Declaration of Trust was validly executed and not a sham; Goff held 27, 29, and 31A Station Road on trust for Grangeway. The 2007 TR1 transfer of 31 Station Road to Paul was validly executed by Goff with capacity and without undue influence. Stella did not transfer her 4,000 shares in Grangeway back to Goff and remains a shareholder. 31 King Street was beneficially owned by Grangeway. The shares in Rhapsody pass to Stella by survivorship.

Parties
Claimant: Stella Burnard; Defendant: Graham Burnard; Defendant: Paul Burnard; Defendant: Daniel Burnard; Defendant: Pauline Burnard; Defendant: Heather Burnard; Defendant: Grangeway (Contractors) Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2014
Procedural Posture
Probate/inheritance Dispute / Judgment After Trial of Preliminary Issues
Outcome
Preliminary issues determined; will construed in favour of defendants; Declaration of Trust and TR1 upheld; Stella remains shareholder; properties allocated as per findings.
Legal Topics
Rectification of Wills, Interpretation of Wills, Validity of Trust Declarations, Share Ownership Disputes, Capacity and Undue Influence, Beneficial Ownership of Property
Succession Law Trusts Law Company Law Rectification of Wills Interpretation of Wills Validity of Trust Declarations Share Ownership Disputes Capacity and Undue Influence +1 more

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Parties

Stella Burnard

Claimant

Graham Burnard

Defendant

Paul Burnard

Defendant

Daniel Burnard

Defendant

Pauline Burnard

Defendant

Heather Burnard

Defendant

Grangeway (Contractors) Limited

Defendant

Procedural Posture

Probate/inheritance Dispute / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether clause 2 of the will should be construed as referring to Grangeway (Contractors) Limited instead of Grangeway Properties Limited
  2. 2 Whether the 1993 Declaration of Trust is valid and effective
  3. 3 Whether the 2007 TR1 transfer of 31 Station Road was validly executed, with capacity and free from undue influence

Ratio Decidendi

The will is to be construed as referring to Grangeway (Contractors) Limited, not Grangeway Properties Limited, due to ambiguity and clear intention. The 1993 Declaration of Trust was validly executed and not a sham; Goff held 27, 29, and 31A Station Road on trust for Grangeway. The 2007 TR1 transfer of 31 Station Road to Paul was validly executed by Goff with capacity and without undue influence. Stella did not transfer her 4,000 shares in Grangeway back to Goff and remains a shareholder. 31 King Street was beneficially owned by Grangeway. The shares in Rhapsody pass to Stella by survivorship.

Court Disposition

Preliminary issues determined; will construed in favour of defendants; Declaration of Trust and TR1 upheld; Stella remains shareholder; properties allocated as per findings.

Orders

  • Will to be construed as referring to Grangeway (Contractors) Limited.
  • Declaration of Trust of 1993 is valid and effective.