First-tier Tribunal (Property Chamber)

Andrew John Moleta v Jean Frances Moleta (Beneficial interests, trusts and restrictions : Detriment) [2019] UKFTT 373 (PC) (15 May 2019)

[2019] UKFTT 373 (PC). Application by a step son to register a restriction against a property (formerly owned jointly by his father and stepmother) against his step mother, alleging that there had been a family agreement/understanding that the property would be held, after the death of his step mother, on trust for himself and his sister, and his step brother and step sister, in equal shares. His father and step mother had entered into mirror wills, leaving the property to the other, or, in case the other predeceased, for the four children. The Respondent wished to sell the property to move into a smaller property, close to her daughter. The case was argued on the basis of constructive trust/ proprietary estoppel, but failed because the applicant could not show any detriment.

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