Second, are sole-name and joint-name cases different, other than the starting points being, respectively, sole or equal joint beneficial ownership? The facts are dealt with in the ensuing footnotes Changes made by the case of Stack v Dowden. Moreover, possibly aware of clutter in the law post Stack cases have finding the intentions of the parties rather than those attributed to them by the court [] EWCA Civ at [77]. Kernott moved out leaving Jones with the sole responsibility of paying the mortgage and other outgoings on the house as well as raising the two children.

The two become co-owners in equity. Her contribution to the household expenses would seem to be sufficient as was the case in Grant v Edwards , for example. In a conveyance into joint names, equitable ownership would be presumed to be equal even if the contribution to the acquisition was unequal. A PayPal account is not nessesary. Mandy died in March Unsurprisingly, beyond the comment that imputation will only be used if an actual or inferred intention could not be found, this issue was avoided.

More controversial is the decision of the Court of Appeal which overturned the High Court decision by a 2: This action was resisted by Jones who commenced an action for a declaration that she owned the entire beneficial interest in the property on the basis that their intentions regarding the beneficial ownership had changed since ddowden separation which, in turn, effected a change in their respective beneficial interest in the property.

December 27, Date written: Patients should be charged, each according to their means. The case of Hunter v Moss relates to the requirement of certainty of subject qhestion within creation trusts. Mandy placed the letter in an envelope, sealed the envelope, and put it safely away in her desk.

stack v dowden essay question

In doing so, I will address the difficulties faced by the courts pre-Jones, before moving on to discuss Jones and to evaluate its consequent impact on the law. Firstly, and more generally, their Lordships confirmed that in the domestic consumer context29, there is a presumption that the beneficial interests coincide with the legal estate, unless and otherwise the contrary is proved Related to this is the question of at what point is the joint tenancy in equity severed?

(PDF) The implications of the decision in Jones v Kernott | Khong MeiYan –

Most recently, in James v Thomas [] EWCA Civ Sir John Chadwick stated that if the circumstances so demand, a constructive trust can arise some years after the property has been acquired by one party who at the time of acquisition was, beyond dispute, the sole beneficial owner.


He has provided for his family and wanted to leave some charitable gifts. Resulting Trust A resulting trust can arise when a stadk contributes to the purchase price of land, but the legal title is vested in the name of another.

Thirdly, are the principles enunciated in Stack which permits inference, and possibly shack, on various grounds23, confined to quantification or does it apply to acquisition cases? Against this background, however, the proportion of married couple families has decreased during that period from 76 per cent in to 71 per cent inwhereas cohabiting families have increased from 9 per cent to 14 per cent; See: Changes made by the case of Stack v Dowden.

The court will order the minimum relief necessary to satisfy an estoppel.

Equity & Trust Law

Which Road To Rome? Lena must establish that there are sufficient grounds for the court to infer the presence of an agreement to share ownership of the land. Remember me on this computer. eessay

stack v dowden essay question

Registering is fast and easy Qquestion. A court of conscience finds a man in the position of an absolute legal owner of a sum of money, which has been bequeathed to him under a valid will, and it declares that, on proof of certain facts relating to the questoon and actions of the testator, it will not allow the legal owner to exercise his legal right to do what he will with his own.

Mandy died in March While it was right for joint legal owners to presume joint equitable ownership, it was for the party asserting the equitable ownership to satck a constructive trust in his favour in the case where conveyance was only to a sole legal owner.

The majority held that the evidence provided no support for an inference that the parties intended a change in beneficial ownership. Equity presumes that the legal owner holds the land on trust for the benefit of the contributor.

Unsurprisingly, beyond the comment that imputation will only be used if an actual or inferred intention could not be found, this issue was avoided. Accordingly, it followed that Kernott’s lack of an expressed or inferred intention to displace the equal split in the property meant he was entitled to an equal share of the former family home. In Lord Macnaghten innovated charity law by providing a categorisation of the Critically evaluate the tests for certainty of objects in the law of trusts and assess whether developments in the last half century have had a positive or negative impact on the law.


It is also possible that she may have acquired an interest under the doctrine of proprietary estoppel.

Requires a direct contribution xowden acceptance of mortgage liability when the property is purchased Cowcher v Cowcher [] 1 WLR Where the land concerned is a family home, the courts will almost always prefer the common intention constructive trust over the doctrine of resulting trusts see Stack v Dowden [] 2 AC ; compare Laskar v Laskar [] 1 WLR The couple subsequently cashed in a life policy enabling Kernott to pay doaden deposit on a separate property.

If the dwoden is no and the principles are limited to the issue of quantifying the extent of those shares only in sole and joint name cases, it means that the approach of Lloyds Bank applies in acquisition cases and a common intention constructive trust may be triggered only dowedn express promises or payments to the purchase price.

Work can be downloaded instantly after payment or within 2 business days following essay submission. Moreover, possibly aware of clutter in the law post Stack cases have finding the intentions of the parties rather than those attributed to them by the court [] EWCA Civ at [77].

It is not clear that Jerome telling Essah that she would always have a home in the house will be sufficient in itself to establish the required common intention — the cases above all have additional factors, such as excuses as to why the claimant was not given legal title: