Property Disputes on Death - Key Cases, Remedies & Settlement

Introduction

Property disputes are increasingly common as families become more complex, with multiple family members often contributing to the acquisition, ownership or upkeep of property. Yet the legal and financial consequences of these arrangements are not always fully considered at the outset.

When a property owner dies, disputes over ownership, beneficial interests and contributions can quickly become contentious and difficult to resolve. This short webinar will explore the key issues practitioners need to understand, with a detailed review of recent case law and the practical lessons emerging from it.

Using a practical case study, the webinar will examine the potential remedies available, the routes to settlement and the key considerations for resolving property disputes as efficiently as possible.

What You Will Learn

The webinar will cover the following:

• Co-ownership of property, including the distinction between legal and equitable title and the treatment of registered and unregistered land
• Identifying joint tenancies and tenancies in common, including the key considerations when determining the nature of co-ownership
• Severance of a joint tenancy by notice, agreement and conduct, with consideration of Dunbabin v Dunbabin and Fantini v Scrutton
• Potential negligence claims arising from property ownership and severance, including Carr-Glynn v Frearsons and Shah v Forsters LLP
• The impact of death on equitable title where property is held as joint tenants or tenants in common
• The practical implications of death between exchange and completion, including the death of a sole owner or co-owner and the death of a transferor before registration
• Amending the Land Registry register following death
• Potential claims concerning beneficial ownership, including declarations of trust, resulting trusts, constructive trusts and proprietary estoppel
• Recent case law on declarations of trust, including Cameron v Cameron and Teixeira v Moaven
• Recent developments concerning resulting and constructive trusts, including Kroll Agency Services v Inlustrem Maritime Ltd, A v N (R intervening), Bisiker v Bisiker and Matyas v Daniel
• Recent case law on proprietary estoppel, including Hodgson v Hodgson
• The exercise of the court’s powers in property disputes, including Kingsley v Kingsley and Shilabeer v Lanceley
• A practical case study highlighting common pitfalls and demonstrating the potential routes to resolving property disputes