Beresford & Anor v Williamson & Ors [2002] EWCA Civ 1632 (25 October 2002)

Beresford & Anor v Williamson & Ors [2002] EWCA Civ 1632 (25 October 2002)

There was evidence of an agreement or arrangement at the time of purchase that the property would be jointly owned by Rachel and George Beresford, and they acted to their detriment by assuming financial responsibility for the mortgage. The requirements for a constructive trust or proprietary estoppel are satisfied, and the property does not devolve on intestacy but is held for the claimants.

Citation
[2002] EWCA Civ 1632
Parties
Claimant/respondent: Rachel Francine Scott Beresford; Claimant/respondent: George Barry Beresford; Defendant/applicant: Neil Scott Williamson; Defendant/applicant: Madeline Scott Williamson; Defendant/applicant: Glen Scott Williamson; Defendant/applicant: James Scott Williamson; Defendant: John Williamson
Jurisdiction
England and Wales
Judgment Date
25 October 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Constructive Trust, Proprietary Estoppel, Beneficial Ownership, Intestacy, Right to Buy Scheme
Property Law Equity Trusts Constructive Trust Proprietary Estoppel Beneficial Ownership Intestacy Right to Buy Scheme

Case Brief

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Parties

Rachel Francine Scott Beresford

Claimant/respondent

George Barry Beresford

Claimant/respondent

Neil Scott Williamson

Defendant/applicant

Madeline Scott Williamson

Defendant/applicant

Glen Scott Williamson

Defendant/applicant

James Scott Williamson

Defendant/applicant

John Williamson

Defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether 150 Heath Hill Avenue devolves on intestacy to six children or is held for claimants under a beneficial joint tenancy
  2. 2 Whether a constructive trust or proprietary estoppel arises from arrangements made at the time of purchase

Ratio Decidendi

There was evidence of an agreement or arrangement at the time of purchase that the property would be jointly owned by Rachel and George Beresford, and they acted to their detriment by assuming financial responsibility for the mortgage. The requirements for a constructive trust or proprietary estoppel are satisfied, and the property does not devolve on intestacy but is held for the claimants.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused