Case reference | REF/2018/0589 |
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Date of decision | 31/05/2019 |
Adjudicator | Mr Owen Rhys |
Applicant | Varsha Gohil as executor of the estate of Babulal Ramji Gohil |
Respondent | Kamla Gohil |
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 | [2019] UKFTT 381 (PC). Applicant (A) was the executrix of a deceased joint proprietor of property (D), the other joint owner being the deceased’s widow (Respondent)(R). A was applying to reinstate a Form A restriction, that had been removed at R’s request following the death of D. A’s case was that the beneficial joint tenancy that had previously existed as between D and R had been severed by D in 2009. A relied on evidence of deemed service under section 196(4) of the LPA 1925. Held that severance had taken place and A’s application succeeded. |
Download decision(s) | [2019] UKFTT 381 (PC) |