Mateer v Mateer [2002] NIFam 19 (05 July 2002)

Mateer v Mateer [2002] NIFam 19 (05 July 2002)

The plaintiff rebutted the presumption of gift by demonstrating no intention to benefit the defendant exclusively, and the defendant holds the property on resulting trust for the plaintiff.

Source-derived case information.

Citation
[2002] NIFam 19
Parties
Plaintiff: Robert Daniel Mateer; Defendant: Kerry Mateer
Jurisdiction
Northern Ireland
Judgment Date
05 July 2002
Procedural Posture
Equity Civil Bill / Final Judgment
Outcome
Declaration in favour of plaintiff; property held on resulting trust.
Legal Topics
Resulting Trust, Presumption of Advancement, Beneficial Ownership, Gift Rebuttal
Family Law Property Law Trusts Resulting Trust Presumption of Advancement Beneficial Ownership Gift Rebuttal

Source-derived case record

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Parties

Robert Daniel Mateer

Plaintiff

Kerry Mateer

Defendant

Procedural Posture

Equity Civil Bill / Final Judgment

Legal Issues

  1. 1 Whether the defendant holds the property at 56 Iveagh Street, Belfast, on resulting trust for the plaintiff
  2. 2 Whether the presumption of gift (advancement) is rebutted by evidence of the plaintiff's intention

Ratio Decidendi

The plaintiff rebutted the presumption of gift by demonstrating no intention to benefit the defendant exclusively, and the defendant holds the property on resulting trust for the plaintiff.

Court Disposition

Declaration in favour of plaintiff; property held on resulting trust.

Orders

  • Declaration that plaintiff is entitled to the whole beneficial interest in 56 Iveagh Street, Belfast.
  • Order for transfer of title to plaintiff.