Whitlock and another (Appellants) v Moree (Respondent) (Bahamas)

Whitlock and another (Appellants) v Moree (Respondent) (Bahamas)

Where joint account holders sign an account opening document that, on its true construction, declares their beneficial interests, those interests are binding and determinative. In this case, clause 20 of the account opening form provided for beneficial survivorship, so the funds passed to the surviving account holder, Mr Moree, and did not form part of Mr Lennard's estate. The doctrine of presumed resulting trust does not apply where the beneficial interests are expressly declared in writing.

Citation
[2017] UKPC 44
Parties
Appellant: Michael Whitlock; Appellant: Norman Whitlock; Respondent: David Moree
Jurisdiction
United Kingdom
Judgment Date
21 December 2017
Procedural Posture
Civil Appeal / Final Appeal From the Court of Appeal of the Bahamas to the Privy Council
Outcome
Appeal dismissed
Legal Topics
Resulting Trusts, Joint Bank Accounts, Beneficial Ownership, Survivorship, Construction of Contractual Documents
Trusts and Equity Banking Law Resulting Trusts Joint Bank Accounts Beneficial Ownership Survivorship Construction of Contractual Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Michael Whitlock

Appellant

Norman Whitlock

Appellant

David Moree

Respondent

Procedural Posture

Civil Appeal / Final Appeal From the Court of Appeal of the Bahamas to the Privy Council

Legal Issues

  1. 1 Whether the beneficial interest in a joint bank account passes to the surviving account holder by survivorship or forms part of the deceased's estate under a presumed resulting trust when all funds were contributed by the deceased
  2. 2 Whether the terms of the joint account opening document are dispositive of beneficial ownership

Ratio Decidendi

Where joint account holders sign an account opening document that, on its true construction, declares their beneficial interests, those interests are binding and determinative. In this case, clause 20 of the account opening form provided for beneficial survivorship, so the funds passed to the surviving account holder, Mr Moree, and did not form part of Mr Lennard's estate. The doctrine of presumed resulting trust does not apply where the beneficial interests are expressly declared in writing.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The decision of the Court of Appeal is affirmed. Costs before the Board will follow the event, subject to submissions within 28 days.