Wallbank & Anor v Price

Wallbank & Anor v Price

The court found that the allegation of duress or undue influence was not established and, if any evidential presumption arose, it was rebutted. The declaration of 31 August 1998 was entered into by Mrs Price of her own free will. The declaration severed the joint tenancy in equity and, by its terms, resulted in the beneficial interest in the property passing to the claimants, Jaime and Lynsey Wallbank, upon their father's death.

Parties
Claimant: Jaime Wallbank; Claimant: Lynsey Wallbank; Defendant: Susan Joan Price
Jurisdiction
England and Wales
Judgment Date
28 November 2007
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Undue Influence, Duress, Severance of Joint Tenancy, Declaration of Trust, Disposition of Beneficial Interest
Property Law Equity Undue Influence Duress Severance of Joint Tenancy Declaration of Trust Disposition of Beneficial Interest

Case Brief

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Parties

Jaime Wallbank

Claimant

Lynsey Wallbank

Claimant

Susan Joan Price

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the declaration of 31 August 1998 was procured by duress or undue influence and should be set aside
  2. 2 Whether the declaration severed the beneficial joint tenancy and/or created a trust or disposition in favour of the claimants

Ratio Decidendi

The court found that the allegation of duress or undue influence was not established and, if any evidential presumption arose, it was rebutted. The declaration of 31 August 1998 was entered into by Mrs Price of her own free will. The declaration severed the joint tenancy in equity and, by its terms, resulted in the beneficial interest in the property passing to the claimants, Jaime and Lynsey Wallbank, upon their father's death.

Court Disposition

Claim allowed

Orders

  • Mrs Price must execute such documents as are necessary to transfer legal title to Jaime Wallbank and Lynsey Wallbank-Stubbs.