Duncan McNiven v Isla Jane McNiven & Ors
[2024] EWHC 1840 (Ch)
Dudley Heslop v Mona Heslop & Anor
20 March 2023
[2023] EWHC 544 (Ch)
High Court
Three siblings fought over a house their mom bought in Jamaica. One sister (Jennifer) gave mom a lot of money to help buy the house. Even though mom later tried to say Jennifer shouldn't have any share, the judge said Jennifer was entitled to half because of the money she gave.
Key Facts
- •Siblings Dudley and Mona Heslop claimed beneficial ownership of a Jamaican house (the Property) against their sister Jennifer Seales.
- •The Property was originally purchased in 2008 in the joint names of their mother, Pearline Albertha Hylton, and Jennifer.
- •Jennifer transferred £100,000 to their mother in late 2007, which was used towards the purchase price.
- •Mrs. Hylton later attempted to sever the joint tenancy, but Jennifer did not cooperate.
- •Dudley was the executor of Mrs. Hylton’s will, which gave each child a 22% share in the Property (Dudley was barred from inheriting under the Will due to witnessing it).
Legal Principles
Equity follows the law; joint tenants are presumed to hold equal shares in equity.
Jones v Kernott [2011] UKSC 53
Presumption of equal shares can be displaced by showing a different common intention at the time of purchase or later.
Jones v Kernott [2011] UKSC 53
Common intention is deduced objectively from conduct; financial contributions are relevant but not the only factor.
Jones v Kernott [2011] UKSC 53
In cases where common intention is unclear, the court considers what is fair.
Jones v Kernott [2011] UKSC 53
These principles apply to property purchases beyond family homes.
Marr v Collie [2017] UKPC 17
A joint tenancy can be severed by alienation of a joint tenant's interest; this doesn't require notice to other joint tenants.
Williams v Hensman (1861)
Upon severance of a joint tenancy, each tenant holds an equal share, regardless of unequal contributions.
Goodman v Gallant [1986] Fam 106
Tracing claim available for funds used without consent; beneficiary can choose between proprietary claim or personal claim.
Foskett v McKeown [2001] 1 A.C. 102
Choice of law for resulting trusts determined by closest connection.
Lightning v Lightning Electrical Contractors, Martin v Secretary of State for Work & Pensions, FS Cairo (Nile Plaza) LLC v Lady Brownlie
Outcomes
Jennifer Seales has a beneficial interest in the Property.
The court found that Jennifer contributed £100,000 to the purchase price, which was held on a bare trust by Mrs. Hylton. Even without explicit consent for its use, Mrs. Hylton's actions demonstrate an intention for Jennifer to have a beneficial interest, further supported by documentary evidence and Mrs. Hylton's own statements. The joint tenancy was severed by Mrs. Hylton's actions in 2012.