England and Wales Case Law

Hodgson v Hodgson & Anor (Re Inheritance (Provision for Family and Dependents) Act 1975)

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.

• Construction of wills
• Joint tenancy vs tenancy in common
• Proprietary estoppel
• Inheritance (provision for family and dependants) act 1975
• Severance of joint tenancy
• Construction-of-wills

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Ashley Peters v Mary Joseph

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.

• Beneficial ownership
• Joint tenancy vs tenancy in common
• Forgery allegations
• Admission of fresh evidence on appeal
• Procedural irregularity
• Severance of joint tenancy

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Cockell v Cockell & Anor

Cockell v Cockell & Anor [2025] EWHC 2490 (Ch) (03 October 2025)

Inheritance Act claim dismissed after the court held the estate was minimal and the matrimonial home passed by survivorship, making section 9 relief unjust.

• Inheritance (provision for family and dependants) act 1975
• Reasonable financial provision
• Joint tenancy
• Severance of joint tenancy
• Adult child claims
• Estate valuation

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Maxine Charles & Anor v Andre Solomon & Ors

The High Court dismissed an appeal over family ownership of a property, upholding findings that a joint tenancy had been severed and that rents were due on account.

• Severance of joint tenancy
• Beneficial ownership
• Fiduciary duty
• Appeal procedure
• Account of rents
• Severance-of-joint-tenancy

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McNiven v Niven & Ors

McNiven v Niven & Ors [2024] EWHC 1840 (Ch) (19 July 2024)

Sibling dispute over a family home. The court found a 1993 agreement severed a joint tenancy, upheld proprietary estoppel, and awarded Duncan the sale proceeds less £13,310.

• Beneficial ownership
• Severance of joint tenancy
• Proprietary estoppel
• Mortgage repayment
• Intestacy
• Beneficial-ownership

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Ardley Allen v Joan Elizabeth Webster

The High Court held that the parties' beneficial interests crystallised in 1992, rejecting a current percentage split and ordering sale unless payment is made.

• Common intention constructive trusts
• Beneficial ownership
• Order for sale
• Severance of joint tenancy
• Common-intention-constructive-trust
• Beneficial-ownership

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Ramji v Harvey & Ors

Ramji v Harvey & Ors [2023] EWHC 1664 (Ch) (06 July 2023)

The High Court rejected Mrs Ramji’s claim to a half share in 2 Montacute Road, but held that the 2016 transfer of 51 Ravensbourne Park Crescent was set aside for undue influence.

• Constructive trusts
• Beneficial interests
• Undue influence
• Capacity
• Inheritance (provision for family and dependants) act 1975
• Severance of joint tenancy

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Heslop v Heslop & Anor

Heslop v Heslop & Anor [2023] EWHC 544 (Ch) (20 March 2023)

The High Court held that a Jamaican property was initially held on joint tenancy, with Jennifer Seales having a beneficial interest, and that later severance made the shares equal tenants in common.

• Beneficial ownership
• Joint tenancy
• Severance of joint tenancy
• Resulting trust
• Constructive trust
• Disclosure obligations

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Dudley Heslop v Mona Heslop & Anor

The High Court held that Jennifer Seales retained a beneficial interest in a Jamaican property and that a later transfer severed the joint tenancy.

• Beneficial ownership
• Joint tenancy
• Severance of joint tenancy
• Resulting trust
• Disclosure obligations
• Beneficial-ownership

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Grant & Anor v Hussain & Anor

Grant & Anor v Hussain & Anor [2023] EWHC 493 (Ch) (10 March 2023)

The High Court refused trustees’ s.339 Insolvency Act claim, accepting that a severance agreement gave valuable consideration for a 48% beneficial interest release.

• Transaction at an undervalue
• Beneficial interest
• Severance of joint tenancy
• Order for sale
• Insolvency act 1986 s.339
• Transaction-at-an-undervalue

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