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England and Wales decisions
Decisions matching the current search
The Privy Council held that a statutory rule making charged property primarily liable for debts does not apply to a survivor’s interest in joint tenancy property.
Williams v Williams & Ors [2024] EWCA Civ 42 (01 February 2024)
The Court of Appeal held that Cefn Coed Farm was acquired for business purposes and was held by the parties as beneficial tenants in common in equal shares.
The High Court declared Charles Horvath presumed dead and held that his mother, Denise Mary Austin, became sole owner of their jointly held property by survivorship.
The Privy Council held that a signed joint bank account form could determine beneficial ownership and that the surviving account holder took by survivorship.
Drakeford v Cotton & Anor [2012] EWHC 1414 (Ch) (25 May 2012)
The court held that joint building society funds remained part of Mary Cotton’s estate, rejecting claims that they had been gifted to Michelle Stain in June 2008.
The court held that June 2008 statements by Mrs Cotton made Mrs Stain the beneficial owner of joint account funds on survivorship, excluding them from the estate.
Solihull Metropolitan Borough Council v Hickin [2010] EWCA Civ 868 (27 July 2010)
The Court of Appeal held that a secure tenancy held jointly vested in the surviving joint tenant by survivorship, so the respondent could not succeed to it.
Healey v Brown [2002] EWHC Ch 1405 (25 April 2002)
The court held that mutual wills did not create an enforceable land contract under section 2 of the 1989 Act, but equity imposed a trust over the wife’s half-share.
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