Strover & Anor v Strover & Anor

Strover & Anor v Strover & Anor

The FP Policy proceeds are subject to proprietary estoppel in favour of the deceased's estate, with the equity satisfied by awarding 80% of the proceeds to the estate and 20% to the defendants. The GA Policy proceeds are partnership assets and must be brought into account in winding up the partnership with the deceased.

Parties
Claimant: Diane Therese Strover; Claimant: Richard Alexander Strover; Defendant: John Richard Strover; Defendant: John Robert Andrew Ironmonger
Jurisdiction
England and Wales
Judgment Date
10 May 2005
Procedural Posture
Civil / Judgment
Outcome
Claim partly allowed; proprietary estoppel applies to FP Policy proceeds; GA Policy proceeds to be accounted as partnership asset.
Legal Topics
Proprietary Estoppel, Constructive Trust, Resulting Trust, Rectification, Partnership Dissolution, Life Assurance Policy
Trusts Partnership Insurance Proprietary Estoppel Constructive Trust Resulting Trust Rectification Partnership Dissolution +1 more

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Parties

Diane Therese Strover

Claimant

Richard Alexander Strover

Claimant

John Richard Strover

Defendant

John Robert Andrew Ironmonger

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the proceeds of the FP Policy are held for the defendants or the deceased's estate
  2. 2 Whether the FP Policy trust should be rectified
  3. 3 Whether a constructive or resulting trust arises over the FP Policy proceeds

Ratio Decidendi

The FP Policy proceeds are subject to proprietary estoppel in favour of the deceased's estate, with the equity satisfied by awarding 80% of the proceeds to the estate and 20% to the defendants. The GA Policy proceeds are partnership assets and must be brought into account in winding up the partnership with the deceased.

Court Disposition

Claim partly allowed; proprietary estoppel applies to FP Policy proceeds; GA Policy proceeds to be accounted as partnership asset.

Orders

  • 80% of FP Policy proceeds awarded to deceased's estate, 20% to defendants
  • GA Policy proceeds to be brought into account in winding up partnership with deceased