Slater v Simm

Slater v Simm

Mr Simm has no interest in 114, his interest in 77 is governed by the Trust Deed of 2nd March 2001, and his interest in 35 is limited to £25,000 in the net proceeds of sale after repayment of the mortgage. The Trust Deeds and subsequent payments evidenced a constructive trust in favour of Miss Nishida for 114. False statements in divorce proceedings did not extinguish Mr Simm's beneficial interest in 35, as the intention at acquisition was determinative.

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
Civil / Judgment
Outcome
Claim allowed in part; declaration of interests in properties as specified.
Legal Topics
Beneficial Interests, Declarations of Trust, Resulting Trusts, Constructive Trusts, Sale of Property
Property Law Trusts Beneficial Interests Declarations of Trust Resulting Trusts Constructive Trusts Sale of Property

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Parties

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

Claimant

Robert Simm

Defendant

Procedural Posture

Civil / Judgment

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 property interests
  3. 3 Whether oral agreements and payments constituted a constructive trust

Ratio Decidendi

Mr Simm has no interest in 114, his interest in 77 is governed by the Trust Deed of 2nd March 2001, and his interest in 35 is limited to £25,000 in the net proceeds of sale after repayment of the mortgage. The Trust Deeds and subsequent payments evidenced a constructive trust in favour of Miss Nishida for 114. False statements in divorce proceedings did not extinguish Mr Simm's beneficial interest in 35, as the intention at acquisition was determinative.

Court Disposition

Claim allowed in part; declaration of interests in properties as specified.

Orders

  • Order for sale of 77 Greenhill with proceeds divided per Trust Deed of 2nd March 2001.
  • Declaration that Mr Simm has no interest in 114 Greenhill.