Joint Ownership & Estate Administration - Recent Case Law & Developments

Introduction

Property disputes are common and increasing as people live in more complex family configurations.

Acquiring property ownership may require investment by different members of a family and often the consequences may be ill thought out.

This webinar will address some of the many difficulties encountered on death where the ownership of property is disputed and will provided a thorough review of the recent cases.

A case study will also be used to illustrate the potential remedies and routes to settlement.

What You Will Learn

This webinar will cover the following:

• Severance: Joint Tenants and Tenants in Common
• What you must consider
• Shah v Forsters negligence issues
• Fantini v Scrutton service and conduct problems
• Family Agreements
• Archibald v Alexander
• Express but informal agreements
• Unconscionable to retain property
• Constructive or Resulting Trusts
• Confusion in the courts
• Marr v Collie
• TP1 Declaration of Trust
• Challenge to a TP declaration of trust
• Cameron v Cameron
• Was there a mistake?
• Single Name Post death
• Culliford v Thorpe
• Beneficiary or Joint Owner Buy-out
• Re Kingsley Dec
• Powers of the court to resolve sale or retention issues
• Occupation Rent Issues
• Shilabeer v Lanceley
• Payment of rent to the estate
• Case Study - the pitfalls illustrated

This webinar was recorded on 11th August 2022