Slater v Simm [2007] EWHC 951 (Ch) (27 April 2007)

Slater v Simm [2007] EWHC 951 (Ch) (27 April 2007)

The beneficial interests in 77 and 114 Greenhill are governed by the trust deeds of 2 March 2001, with 77 to be sold and proceeds divided as per the deed. Mr Simm was bought out of 114 Greenhill for £100,000, and holds no further interest in it. In 35 Greenhill, Mr Simm is entitled to a fixed sum of £25,000 from the net proceeds of sale, reflecting his contribution, under resulting trust principles. False statements in divorce proceedings do not defeat his beneficial interest in 35 Greenhill.

Citation
[2007] EWHC 951 (Ch)
Parties
Claimant: Sonia Slater (Administrator of the estate of Wakako Nishida deceased); Defendant: Robert Simm
Jurisdiction
England and Wales
Judgment Date
27 April 2007
Procedural Posture
Chancery Division Civil Claim / Judgment After Trial
Outcome
Claim allowed in part; declaration of beneficial interests and orders for sale as specified.
Legal Topics
Resulting Trusts, Constructive Trusts, Declarations of Trust, Beneficial Interests in Property, Disposition of Property on Intestacy
Trusts and Estates Property Law Resulting Trusts Constructive Trusts Declarations of Trust Beneficial Interests in Property Disposition of Property on Intestacy

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Parties

Sonia Slater (Administrator of the estate of Wakako Nishida deceased)

Claimant

Robert Simm

Defendant

Procedural Posture

Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Determination of beneficial interests in three properties (35, 77, and 114 Greenhill) following the death of Wakako Nishida
  2. 2 Effect of declarations of trust and subsequent conduct on beneficial ownership
  3. 3 Whether oral agreements and payments suffice to transfer beneficial interests under English law

Ratio Decidendi

The beneficial interests in 77 and 114 Greenhill are governed by the trust deeds of 2 March 2001, with 77 to be sold and proceeds divided as per the deed. Mr Simm was bought out of 114 Greenhill for £100,000, and holds no further interest in it. In 35 Greenhill, Mr Simm is entitled to a fixed sum of £25,000 from the net proceeds of sale, reflecting his contribution, under resulting trust principles. False statements in divorce proceedings do not defeat his beneficial interest in 35 Greenhill.

Court Disposition

Claim allowed in part; declaration of beneficial interests and orders for sale as specified.

Orders

  • 77 Greenhill to be sold and proceeds divided as per the trust deed of 2 March 2001.
  • Mr Simm has no beneficial interest in 114 Greenhill; all proceeds to the claimant.