Provincial Equity Finance Limited v Helen Dines (Née Breda)

Provincial Equity Finance Limited v Helen Dines (Née Breda)

PEF failed to prove that it provided the purchase monies for the properties; the funds used were Graham's personal funds, not PEF's. The properties were not held on resulting trust for PEF. The declarations of trust in favour of Helen (for jointly owned properties) would have rebutted any presumption of resulting...

Source-derived case information.

Parties
Claimant: Provincial Equity Finance Limited; Defendant: Helen Dines (née Breda)
Jurisdiction
England and Wales
Judgment Date
25 January 2023
Procedural Posture
Civil Chancery (property, Trusts, Probate) / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Resulting Trusts, Beneficial Ownership, Inheritance Dispute, Company Assets, Declarations of Trust, Equitable Compensation
Trusts Property Law Probate Company Law Resulting Trusts Beneficial Ownership Inheritance Dispute Company Assets +2 more

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Parties

Provincial Equity Finance Limited

Claimant

Helen Dines (née Breda)

Defendant

Procedural Posture

Civil Chancery (property, Trusts, Probate) / Judgment After Trial

Legal Issues

  1. 1 Whether the disputed properties were held on resulting trust for PEF
  2. 2 Whether PEF provided the purchase monies for the properties
  3. 3 Whether declarations of trust in favour of Helen are conclusive

Ratio Decidendi

PEF failed to prove that it provided the purchase monies for the properties; the funds used were Graham's personal funds, not PEF's. The properties were not held on resulting trust for PEF. The declarations of trust in favour of Helen (for jointly owned properties) would have rebutted any presumption of resulting trust. The £130,000 transferred by Helen was not PEF's money. Therefore, PEF's claims fail.

Court Disposition

Claim dismissed