The Cube

How to prevent family members from challenging your will

14 Mar, 2017

 

James Webster has been involved in Divorce work for 30 years. He has acted for a range of clients including celebrities and High Net Worth Individuals. Read his article below discussing the actions you ought to take if you have been promised an interest in property by your family and other family members dispute it.

Speak to James Webster now

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In the Wodzicki case this month, a daughter with whom we will refer to as "A"  lived in a property that was purchased in the joint names of her father and his new wife. "A" had agreed with her father and the wife that she should have life interest in the property and her dad promised to transfer the legal title to her when a loan against the property had been paid off although the wife said that she had no knowledge of this.

A resided there & maintained the property for many years without contribution from either her dad or his wife. Her dad visited her at the property occasionally. When dad died, the wife tried to bargain with A that she would get the property in return  for agreeing that she would give up all claims against dad’s  estate. When this did not work the wife brought possession proceedings and A counterclaimed that she had  a beneficial interest due to constructive trust or proprietary estoppel.

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The trial judge held that the claimant held the legal title of a property on trust with the wife having a life interest and any other interests  determined after an accounting process was undertaken.

The judge said this was a common intention constructive trust but refused to declare that A owned 100% owner even thought the wife provided no evidence of contribution.

The  Appeal Court distinguished this case from Stack v Dowden [2007]  and Jones v Kernott [2011] stressing  the closeness of the parties in those cases and the lack of closeness here.   The court gave expression to the intention of the parties.

The Court said the shares of the residual beneficial interest should be determined as a resulting trust by way of an accounting hearing, as originally ruled.

So the daughter was able to persuade two courts that based on what her dad had said and then acting upon it the daughter was able to keep her home and have a court determine what interest if any the new wife had in it.

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If you need advice on promises made about property by your family members give James a call on 020 7831 0101


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James Webster has been involved in Divorce work for 30 years.

He has acted for a range of clients including celebrities and High Net Worth Individuals. Click here to contact him now.

Speak to James Webster now

Please see below what some of his clients say

“I came to James when my ex-husband wanted at least half of everything that I had amassed during my life. Through James’ tireless efforts we settled at under half of what he was claiming, leaving my new husband and I to enjoy the rest of our lives together in comfort.”  

“Despite what I consider to be a pro ex-wife judiciary, James refused to be beaten down and in the end secured a fair split of the assets which was all I wanted in the first place. James’ team are now our solicitors for all of our legal work. I cannot praise him highly enough.”