HA v WA & Anor.

HA v WA & Anor.

The court found that the common intention between WA and BV was that BV alone should hold the beneficial interest in the new flat, and that WA holds the premises on trust for BV. The payments came from BV's personal, taxed funds, there was no donation agreement as with previous gifts, and WA had no need for BV's...

Source-derived case information.

Parties
Applicant: HA; Respondent: WA; 2nd Respondent: BV
Jurisdiction
England and Wales
Judgment Date
27 September 2022
Procedural Posture
Financial Remedy Proceedings / Judgment After Trial
Outcome
BV is the sole beneficial owner of the property; WA holds the property on trust for BV.
Legal Topics
Beneficial Ownership, Resulting Trusts, Financial Remedies on Divorce, Gifts and Family Property
Family Law Trusts Law Beneficial Ownership Resulting Trusts Financial Remedies on Divorce Gifts and Family Property

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Parties

HA

Applicant

WA

Respondent

BV

2nd Respondent

Procedural Posture

Financial Remedy Proceedings / Judgment After Trial

Legal Issues

  1. 1 Whether the beneficial ownership of Flats 1 & 2, 30 DS, London, lies with WA or BV
  2. 2 Whether the payments made by BV were a gift, payment for work, or intended to create a trust in favour of BV

Ratio Decidendi

The court found that the common intention between WA and BV was that BV alone should hold the beneficial interest in the new flat, and that WA holds the premises on trust for BV. The payments came from BV's personal, taxed funds, there was no donation agreement as with previous gifts, and WA had no need for BV's funds. The documentary evidence was outweighed by the credible oral evidence and surrounding circumstances.

Court Disposition

BV is the sole beneficial owner of the property; WA holds the property on trust for BV.

Orders

  • Declaration that WA holds Flats 1 & 2, 30 DS, London, on trust for BV as sole beneficial owner.