19 Nov 2020
YOUNG v YOUNG [2020] NZHC 3054
- Citation
- [2020] NZHC 3054
- Court
- High Court
On the facts the court found a resulting trust in favour of Mrs Ella Young: the cash purchase price derived from the plaintiffs and her late husband, Shane made no cash contribution and his assumption of mortgage liability was solely to satisfy lender requirements rather than an intention to acquire a beneficial interest; there was no evidence of an intention to gift a half share to Shane and the joint transmission form did not rebut the resulting trust. Accordingly legal title was ordered vested in Ella Young and the notice by Ms Kim removed.