Cattle v Evans & Anor (Rev 1)

Cattle v Evans & Anor (Rev 1)

The claimant did not establish any agreement or understanding giving rise to a constructive trust in the Cross Hands property. However, as a cohabitant under section 1(1)(ba) of the 1975 Act, the law of intestacy did not make reasonable financial provision for her maintenance. The court ordered provision for housing up to £110,000, held on trust for the defendants subject to the claimant's right to reside.

Parties
Claimant: Christina Cattle; Defendant: Paul John Evans; Defendant: Gareth Evans
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Civil / Judgment
Outcome
Claim for constructive trust dismissed; claim for reasonable financial provision under the 1975 Act allowed in part.
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Constructive Trust, Reasonable Financial Provision, Intestacy
Succession Trusts Inheritance (provision for Family and Dependants) Act 1975 Constructive Trust Reasonable Financial Provision Intestacy

Case Brief

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Parties

Christina Cattle

Claimant

Paul John Evans

Defendant

Gareth Evans

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the claimant has a beneficial interest in the Cross Hands property under a constructive trust
  2. 2 Whether the disposition of the deceased's estate by intestacy makes reasonable financial provision for the claimant under the 1975 Act

Ratio Decidendi

The claimant did not establish any agreement or understanding giving rise to a constructive trust in the Cross Hands property. However, as a cohabitant under section 1(1)(ba) of the 1975 Act, the law of intestacy did not make reasonable financial provision for her maintenance. The court ordered provision for housing up to £110,000, held on trust for the defendants subject to the claimant's right to reside.

Court Disposition

Claim for constructive trust dismissed; claim for reasonable financial provision under the 1975 Act allowed in part.

Orders

  • Payment from the estate for the purchase of a new home for the claimant at a price not exceeding £110,000 and costs incidental to purchase.
  • Property to be held on trust for the defendants subject to the claimant's right to reside for as long as she wishes, provided she insures the property.