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England and Wales decisions
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A probate and family farm dispute. The court held the will gave residue to the widow, rejected proprietary estoppel, and dismissed the Inheritance Act claim.
Hodgson v Hodgson & Anor (Re Inheritance (Provision for Family and Dependents) Act 1975) [2026] EWHC 922 (Ch) (23 April 2026)
The High Court held that family farmland remained jointly owned, construed the will as substitutional only, and dismissed claims under proprietary estoppel and the 1975 Act.
High Court appeal in a property ownership dispute admitted fresh evidence, set aside the forgery finding on the trust deed, and remitted the case for retrial.
Beg v Beg & Ors [2021] EWHC 2598 (Ch) (30 September 2021)
Inheritance Act claim by a widow succeeded in part. The court held the deceased’s half-share in the home passed by survivorship, but ordered £80,000 provision.
The court held that Tadmarton House was held as joint beneficial tenants, rejecting Dr Rowland’s claim to sole ownership, but awarded him a limited occupation rent.
On oral renewal, the High Court refused permission to appeal in a property dispute, holding that the judge had correctly found equal beneficial ownership.
Hapeshi v Allnatt & Anor [2010] EWHC 392 (Ch) (21 January 2010)
The High Court held that the claimant had a beneficial interest in his mother's house, found a common intention to share ownership, and quantified shares after applying a holistic approach.
Brown v Brown & Anor [2007] EWHC 405 (Ch) (01 March 2007)
Bankruptcy trustee’s s.339 challenge to a severance notice failed after the court held it was undervalue but refused to set it aside in the interests of justice.
Barracks v Barracks & Anor [2005] EWHC 3077 (Ch) (26 April 2005)
The High Court held that the beneficial interest in 45 Tentelow Lane was held as tenants in common, so Mrs Cummings’ 50% share passed to her grandson.
Chandler v Clark [2002] EWCA Civ 1249 (28 June 2002)
Court of Appeal held a 6 June 1997 note did not itself transfer Mr Chandler’s equitable interest; the beneficial ownership question was remitted for further inquiry.
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