Pudner & Anor v Pudner

Pudner & Anor v Pudner

The beneficial interests in 26 Byron Avenue, Plymouth were determined by the express declaration in the 1986 conveyance, and nothing thereafter—including the execution of wills or Land Registry entries—effected a severance of the joint tenancy. The costs of contesting the beneficial ownership should be borne personally by the executors who contested, not by the estate.

Parties
First Claimant/appellant: Elizabeth L Seaman; Second Claimant/appellant: Reginald I Pudner; Defendant/respondent: Ivor Pudner
Jurisdiction
England and Wales
Judgment Date
27 February 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Joint Tenancy, Severance of Joint Tenancy, Beneficial Ownership, Costs in Probate Proceedings
Succession Property Law Joint Tenancy Severance of Joint Tenancy Beneficial Ownership Costs in Probate Proceedings

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Parties

Elizabeth L Seaman

First Claimant/appellant

Reginald I Pudner

Second Claimant/appellant

Ivor Pudner

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the beneficial joint tenancy in 26 Byron Avenue, Plymouth was severed prior to Mrs Sarah Pudner's death
  2. 2 Whether the declaration in the conveyance was conclusive as to beneficial ownership
  3. 3 Whether costs should be borne personally by the executors or by the estate

Ratio Decidendi

The beneficial interests in 26 Byron Avenue, Plymouth were determined by the express declaration in the 1986 conveyance, and nothing thereafter—including the execution of wills or Land Registry entries—effected a severance of the joint tenancy. The costs of contesting the beneficial ownership should be borne personally by the executors who contested, not by the estate.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused.