Dhingra v Dhingra [1999] EWCA Civ 1899 (20 July 1999)

Dhingra v Dhingra [1999] EWCA Civ 1899 (20 July 1999)

The court held that the father's conduct and the consistent marking of accounts as 'Trustee for SS Dhingra' evidenced an intention to create a trust for the son, that the trust was completely constituted and irrevocable, and that the necessary certainties for a valid trust were present.

Citation
[1999] EWCA Civ 1899
Parties
Appellant: Surjit Singh Dhingra; Respondent: Sumir Singh Dhingra
Jurisdiction
England and Wales
Judgment Date
20 July 1999
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Creation of Trusts, Declaration of Trust, Revocation of Trust, Certainty of Objects, Beneficial Interest
Trusts Equity Creation of Trusts Declaration of Trust Revocation of Trust Certainty of Objects Beneficial Interest

Case Brief

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Parties

Surjit Singh Dhingra

Appellant

Sumir Singh Dhingra

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether a trust was validly declared by the father in favour of the son over certain accounts and a National Savings Bond
  2. 2 Whether the trust could be revoked by the father
  3. 3 Whether the necessary certainties for a trust were present

Ratio Decidendi

The court held that the father's conduct and the consistent marking of accounts as 'Trustee for SS Dhingra' evidenced an intention to create a trust for the son, that the trust was completely constituted and irrevocable, and that the necessary certainties for a valid trust were present.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Detailed assessment of the Respondent's costs