joint ownership with right of survivorship

57 results for joint ownership with right of survivorship

  • vLex Rating
  • Gillan v HEC Enterprises Ltd & Ors, Court of Appeal - Chancery Division, December 09, 2016, [2016] EWHC 3179 (Ch)

    1. Deep Purple was, and still is, a rock music band. Its members included Mr Gillan, Mr Glover, Mr Paice and Mr Lord. The first three of these members, and the executors of Mr Lord, are the Claimants in certain litigation brought in 2015, to which I will later refer. In this judgment, I will refer to them as ``the Claimants''. Other members of Deep...

    ... by Fieldfisher LLP) for the Joint Administrators. Mrs Abigail Flanagan, a ... Ltd (``HEC'') contracted with various members of Deep Purple to ... in particular in relation to the rights of the Claimants, pursuant to an ... be transferred, and with the ownership of the shares in that new company. 5. ... denied), that the right of survivorship would have produced the result that the ...

  • Lee & Anor v Lee & Anor, Court of Appeal - Chancery Division, February 05, 2018, [2018] EWHC 149 (Ch)

    1. This is my judgment on a claim for rectification of a notice of severance of joint tenancy of certain land dated 31 January 2007. However, that is not how the claim started. The claim form is dated 24 March 2017, when it was issued under part 7 of the CPR, for an order ``to rectify the deed of variation dated 22 May 2015''. That claim is amplifi...

    ... of a notice of severance of joint tenancy of certain land dated 31 ... to the first claimant by survivorship. Ben received only the testator's ... claimant had been considering with their solicitors possible further ... already structured the land ownership in a way that allowed it to pass by ... the first claimant claimed the right to have the register altered in their ...

  • Culliford & Anor vThorpe, Court of Appeal - Chancery Division, March 08, 2018, [2018] EWHC 426 (Ch)

    1. This is my judgment on a claim and counterclaim in relation to a residential property known as 9 Clover Road, Wick St Lawrence, Weston super Mare (``the Weston property'' or simply ``the property''). The claim is brought, as a simple claim for possession, by the personal representatives of Rodney Culliford (who died intestate on 25 March 2016),

    ... claim form was issued, together with particulars of claim, on 19 December ... amount of belief that he was right began to assert itself. It may have ... by the father and the mother as joint tenants, and so the gift was expressed ... would be sole owner by survivorship). This was the family home which the ... meant that the beneficial ownership did not follow the legal title. The ...

  • Bhushan & Ors v Chand, Court of Appeal - Chancery Division, May 08, 2015, [2015] EWHC 1298 (Ch)

    1. The parties in this case are five brothers, the defendant being the eldest. Between them they own a considerable number of commercial and residential properties in and around Birmingham each of which is registered in the name of one or other of them. Some of the residential properties are lived in by the brothers or members of their families, ot...

    ... and acquire assets for their joint benefit, it being a matter of ce and without significance to them in whose name the ... point is that the beneficial ownership of property follows the legal ... not believe this can be entirely right however since it appears from his ... interest; it would pass by survivorship to the other joint owners without a ...

  • Taylor v Taylor & Anor, Court of Appeal - Chancery Division, May 12, 2017, [2017] EWHC 1080 (Ch)

    1. This is my judgment on an issue about the ownership of land, arising in these proceedings. The proceedings themselves were commenced by claim form dated 10 June 2015. It sought (1) a declaration that a partnership previously carried on between the claimant and the two defendants was dissolved as from 31 May 2013, (2) an order that the affairs of...

    ... on an issue about the ownership of land, arising in these proceedings. ... those amendments, but dispensed with re-service. Procedural matters. 5. This ...I considered that it was right to transfer this matter back to the ... ground that they are therefore joint tenants at law. The question that I ...He explained the survivorship rules for joint tenants. He recorded in ...

  • Burnard v Burnard & Ors, Court of Appeal - Chancery Division, March 03, 2014, [2014] EWHC 340 (Ch)

    4. During the 1970s and 1980s Goff practised as a chartered accountant in Whitley Bay. During this time he or companies in which he had an interest built up a significant portfolio of investment properties in the area. They included 27 29, 31 and 31A Station Road Whitley Bay and 31 King Street, Penrith. The Companies with which this case is concer...

    ...The Companies with which this case is concerned comprise ... by Goff and Stella as beneficial joint tenants. Until the first day of the ... either by the doctrine of survivorship or under Goff's will. It is not ... Returns in relation to the ownership of these shares. It will be necessary ... existing members are offered the right to purchase. 39. It is not clear when ...

  • Ubbi & Anori (Minors) v Ubbi, Court of Appeal - Chancery Division, July 27, 2018, [2018] EWHC 1396 (Ch)

    1. This is a claim by Mattia Corrado Ubbi and Gabriele Corrado Ubbi, brought by their litigation friend and mother, Bianca Maria Corrado, for an order under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (``the Act'') for reasonable financial provision out of the estate of their late father, Malkiat Singh Ubbi. The clai...

    ... must prove (a) they fall within the category of applicants under ... for £1.4 million and held it as joint tenants. From October 2000 Susan, ... have brought a claim in his own right and that it is inappropriate to factor ...I accept her evidence on ownership. iii) Various Italian properties in ... under the doctrine of survivorship to Susan. 65. Under section 9 of the ...

  • Wall v Munday, Court of Appeal - Chancery Division, April 27, 2018, [2018] EWHC 879 (Ch)

    1. This is my judgment on an appeal brought by Mr Alan Wall, in his capacity of personal representative of the estate of Bryan Wall deceased, against the order of Mr Recorder Norman dated 30 June 2017 (but sealed on 23 August 2017). The order was made in a claim brought by Mr Wall against Mrs Christine Munday, concerning a property bought jointly b...

    ..., concerning a property bought jointly by the late Mr Bryan Wall and Mrs ..., Bromley, Kent for £13,600, with the aid of a mortgage loan of £10,000. ... were taken to deal with the ownership of the house, still vested in them as ... joint tenants, and so by survivorship the respondent became the sole legal ... in the [respondent] enforcing her right.." He argued accordingly that the judge ...

  • Henderson v Wilcox & Ors, Court of Appeal - Chancery Division, December 03, 2015, [2015] EWHC 3469 (Ch)

    1. The claimant in this case is Ian Henderson ("Ian"). Ian's mother, Mrs Lillian Henderson, died on 2 April 2013 as a result of injuries sustained in a severe assault on her by Ian on the night of 13 March 2013. Ian was convicted of manslaughter at a trial on 15 September 2014, his plea of guilty to that charge and not guilty to murder having been

    ...He was sentenced (with the agreement of the prosecution) to be ... to have been at one stage owned jointly by Mrs Henderson and Ian. In or about ... the rule and the second is what rights or interests are affected by it. It is ... obtaining either (a) full ownership by way of survivorship of the house ...

  • Green & Ors v Gaul & Ors, Re Loftus (deceased), Court of Appeal - Chancery Division, March 18, 2005, [2005] EWHC 406 (Ch),[2005] 1 WLR 1890,[2005] 2 All ER 700

    1. Ivor Loftus (``Mr Loftus'') was born on November 14, 1918. He and his wife Margaret (``Mrs Loftus'') had 6 children: Angela Green (Angela''), born October 23, 1943; twin sisters Christina Loftus (``Christina'') and Margaret Gaul (``Margaret''), born April 15, 1946; Sheila Ross (``Sheila''), born November 3, 1948; Michael Loftus (``Michael''),

    ..., but about long-running sores within the family, no doubt preceding the ... They owned the house jointly. 8. In 1970 or 1971 Kevin Loftus ... to the accounts by survivorship. The practical point for the purposes ... Michael was seeking to establish rights as a tenant under the Landlord and ... least 1979 and that rights of ownership had passed by adverse possession. . ...

  • White v Philips, Court of Appeal - Chancery Division, February 27, 2017, [2017] EWHC 386 (Ch)

    1. Sadly, on 22 July 2010 Mr Raymond Ian White passed away. He had been suffering from terminal rectal cancer which had been diagnosed in July 2009 at which time he had been told that it was inoperable albeit he was not told how long he had to live. 2. On 28 May 2010 he gave instructions for a will to Ms Jessica Gray, a legal executive employed a...

    ... the will prepared in accordance with his instructions. 3. The claimant, ...It is right to say that the matrimonial home had ... the testator and the claimant as joint tenants. Ms Gray arranged for Mr White ... by the automatic right of survivorship in respect of property held as joint ... and the reference to the ownership of other property. I accept the ...

  • Hart & Anor v Burbidge & Ors, Court of Appeal - Chancery Division, June 12, 2013, [2013] EWHC 1628 (Ch)

    1. This is the trial of two claims which the Master ordered to be heard together. They are concerned with the estate of Mrs Phyllis Hart. It will simplify matters if I refer to people, I hope without discourtesy, by their first names. Phyllis, as I shall therefore call her, died on 7 November 2008. She was 86 at the time of her death. Her hus...

    ...Charles Auld (instructed by Withy King LLP) for the Kenneth Charles Hart ... enable them to purchase in their joint names a property called Little Manor ... it remained in the joint ownership of Ernest and Phyllis but was made ... and passed to her by survivorship. We could do a Deed of Variation to ... She received no rights in return, neither title to Little ...

  • Kernott v Jones, Court of Appeal - Civil Division, May 26, 2010, [2010] EWCA Civ 578

    1. I have had the advantage of reading in draft the judgments of Jacob and Rimer LJJ. I find myself in agreement with the latter and in respectful disagreement with the former. This judgment explains why, in my judgment, this appeal has to be allowed. Introduction: the appeal 2. This is a cautionary tale, which all unmarried couples who are contem...

    ...I find myself in agreement with the latter and in respectful ... residential accommodation in joint names, which by common agreement was ... himself of the beneficial ownership in this property, having ignored it ... of conduct from which it is right to conclude that the parties intended ..., a joint tenancy with survivorship should one of them die while they are ...

  • Stoeckert v Geddes, Court of Appeal - Privy Council, December 14, 2004, [2004] UKPC 54

    1. For some thirty years the appellant Ms Stoeckert had a relationship with the late Mr Paul Geddes and for much of that time they lived together as man and wife. In 1991 Mr Geddes terminated the relationship and in 1992 Ms Stoeckert commenced proceedings against him claiming various declarations and related orders. The first was a declaration th...

    ... Ms Stoeckert had a relationship with the late Mr Paul Geddes and for much of ... all the bank accounts held in the joint names of [herself] and the defendant as ... party with unlimited drawing rights to the bank accounts in which she was ... not deal separately with the ownership of the accounts but concurred with the ... claim to take the funds by survivorship depends upon the existence of a ...

  • Buying Property Jointly: Co-Ownership Considerations

    When deciding to buy a house with a partner or friend, whilst location and price are ... shares and on the death of one of you the 'rule of survivorship' applies and the property automatically passes to the survivor. ... is an important one and worth making sure you have got right. This article was first published in the Your Professional ...

  • Wills v. Wills, Court of Appeal - Privy Council, December 01, 2003, [2003] UKPC 84

    This appeal raises issues as to the acquisition and extinction of title to land under the Limitation of Actions Act of Jamaica. The issues arise in an all too familiar context, that is where property is owned by a husband and wife as joint tenants and there is a breakdown of the marriage leading to separation and divorce. It is however a very unus...

    ... is owned by a husband and wife as joint tenants and there is a breakdown of the ... heard on affidavit evidence without cross-examination, even though the ... her becoming entitled by survivorship) she . ``decided that it would be ... the 1833 Act); section 14 (co-ownership, corresponding to section 12 of the ... not, the claimant, whose original right of entry accrued above twenty years ...

  • Bathurst v Scarborow, Court of Appeal - Civil Division, April 01, 2004, [2004] EWCA Civ 411

    1. Michael Bathurst and Philip Scarborow were friends and business partners. When on 31 March 2001 Mr Bathurst drowned in a swimming accident in Ireland, he was 51 and Mr Scarborow was almost 47. They had known each other for about 30 years, and had been good friends for about 20 years. In 1990 they went into partnership together. Their business w...

    ...Before :. THE RIGHT HONOURABLE LORD JUSTICE RIX. AND. THE ... a year and provided both partners with a reasonable living. In truth, as ... on trust for themselves as joint tenants''. It said nothing as to ... was whether the right of survivorship applied to the beneficial interests in ... of the shares in which the ownership is then to be held.''. 10. The letter ...

  • Stack (Appellant) v. Dowden (Respondent), (2007)

    ..., this case is about the property rights of a cohabiting couple in a house which ... more people are living together without getting married or entering into a ... distinguished between legal ownership in land and its beneficial ownership. ... and those where there is joint legal ownership. There must be ... the parties may not intend survivorship even if they do intend that their ...

  • Lawyer Warns Cohabiting Couples Of The Need To Understand The Pitfalls Of Joint Tenancy

    ...The late Mr Pilkington had a relationship with Mrs Masterson. They lived together in a house as ... Mr Pilkington's estate rather than pass, by right of survivorship, to Mrs Masterson. This case ...A joint tenancy is a special form of ownership by two or more persons who have the equal, ...

  • Dingmar v Dingmar Rev 1, Court of Appeal - Civil Division, July 12, 2006, [2006] EWCA Civ 942,[2006] 3 WLR 1183,[2007] 2 All ER 382

    1. This appeal raises a somewhat puzzling point under the Inheritance (Provision for Family and Dependants) Act 1975, which seems not to have arisen before, on facts which as regards the essential features cannot be unusual, apart from the length of time that elapsed between the relevant death and the trial. 2. The late Ibrahim Dingmar was the husb...

    ... Street, Saddletown, Dewsbury, jointly, as beneficial joint tenants. He and he Claimant lived there, with their two young children. On his death ... the sole owner of the house by right of survivorship. 3. The house had ... Property in co-ownership is discussed under this heading at ...

  • Curtis & Ors v Pulbrook & Anor, Court of Appeal - Chancery Division, April 08, 2009, [2009] EWHC 782 (Ch)

    1. This is the trial of claims originally brought by Arthur Ronald Towns ("Mr Towns") for repayment of sums totalling approximately £127,000 drawn from a joint account in the names of Mr Towns and his wife Edith Anne Towns ("Mrs Towns") at the Moorgate Branch of Barclays Bank, account number 30930695 (``the Joint Account''). The claims for repaymen...

    ... £127,000 drawn from a joint account in the names of Mr Towns and ..., and who is alleged to have withdrawn these sums in breach of fiduciary duty ... the issues surrounding the ownership of a joint account following the death ... less restrictive of the person's rights and freedom of action. 2 People who ... passed to Mr Towns by survivorship was not seriously pursued. 162. The ...

  • London Borough of Southwark v IBM UK Ltd, Court of Appeal - Technology and Construction Court, March 17, 2011, [2011] EWHC 549 (TCC)

    1. These proceedings relate to the provision of software and associated consultancy services by IBM UK Ltd ("IBM") to the London Borough of Southwark ("Southwark") in 2006 and 2007. The software was to be provided in connection with the implementation of a Master Data Management ("MDM") system within Southwark which would rationalise a large amount...

    ... was to be provided in connection with the implementation of a Master Data ..., Matching and Survivorship''. The IBM personnel made it clear that ... it was on IBM paper it was a jointly drafted effort, called for by Messrs ... breach of contract, the Councils right to terminate the Contract and commence ...7.1.2 No title, ownership, copyright or other intellectual ...

  • Fowler v Barron (Rev 1), Court of Appeal - Civil Division, April 23, 2008, [2008] EWCA Civ 377

    1. This is an appeal by Miss Fowler from the order of HHJ Barratt QC dated 19 April 2007 declaring that the property, which was registered in joint names and in which they had lived together for about seventeen years, belonged beneficially to Mr Barron, her former partner. The issue is whether the judge made any error of law. He sought to apply th...

    ... property, which was registered in joint names and in which they had lived ... sole property by way of survivorship only in the event that he were to die ... The judge found that, with the exception of some money that she ... point was joint beneficial ownership. The onus was on the person seeking to ... to the other by virtue of the right of survivorship (see [57] and the ...

  • Wallbank & Anor v Price, Court of Appeal - Chancery Division, November 28, 2007, [2007] EWHC 3001 (Ch)

    1. On 8 December 1997 the late Mr Martin Wallbank and his then wife Susan took a transfer of a dwelling-house at 49 Hilton Road, Featherstone, Staffordshire. They had previously been secure tenants of the property and acquired the freehold, at a discount, under the right to buy scheme. The transfer stated that they were to hold the property as bene...

    ..., at a discount, under the right to buy scheme. The transfer stated that ... hold the property as beneficial joint tenants. By the following summer the ... or profit in anyway connected with this property, and by signing this ... the property by right of survivorship. However, despite the strict legal ... main advantages that joint ownership of a house might bring to one of the ...

  • Heath v Kelly & Anor, Court of Appeal - Chancery Division, July 24, 2009, [2009] EWHC 1908 (Ch)

    1. Reginald Heath (``the deceased'') and the 1st Defendant were husband and wife who lived for a number of years at 1 Birchall Avenue, Sandyford, Stoke-on-Trent, Staffordshire (``the Property''). They were divorced in 1994. 2. The Claimant is the deceased's second wife. They married in 2002 and lived together at the Property until his death. Th...

    ... deceased and the 1st Defendant as joint tenants legally and beneficially. The ... beneficially entitled by survivorship to the Property. 5. The Claimant, on ... an undisputed equitable title with legal form. 8. If that is wrong, Mr ... question therefore is whether any right to specific performance has been lost ... my findings as to beneficial ownership of the Property, she is (subject to the ...