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You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Pauline Edole v Hughes Donald Alberty (Beneficial interests, trusts and restrictions : Beneficial interests, trusts and restrictions) [2018] UKFTT 100 (PC) (30 January 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/100.html Cite as: [2018] UKFTT 100 (PC) |
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| Case reference | REF/2017/0110/0118 |
|---|---|
| Date of decision | 30/01/2019 |
| Adjudicator | Mr Owen Rhys |
| Applicant | Pauline Edole |
| Respondent | Hughes Donald Alberty |
| Main Category & Sub Category | |
| Category | Beneficial interests, trusts and restrictions |
| Sub Category | Severance |
| Secondary Category & Sub Category | |
| Category | Beneficial interests, trusts and restrictions |
| Sub Category | Severance |
| Decision notes | [2018] UKFTT 100 (PC). Applicant was the personal representative of her mother, who had been the joint owner of a property with her husband, the Respondent (not Applicant’s father). The mother had severed the joint tenancy with Respondent in the 1980s, and a restriction registered to protect her share. After her death, Respondent was able to have the restriction removed by telling Land Registry that he was the sole beneficiary of his late wife’s estate. He had done so after being informed by Applicant’s solicitors that she and her sister had been devised their mother’s share in the property. Applicant applied to reinstate the restriction. Respondent sought to argue that the joint tenancy had not been validly severed. Applicant’s claim succeeded and the restriction was reinstated. |
| Download decision(s) | [2018] UKFTT 100 (PC) |