Laws Regarding The Estate Of Those Deceased

2139 words - 9 pages

Laws Regarding the Estate of Those Deceased

A person who dies without having made a will is said to have died
intestate. The rules governing the devolution of his property are to
be found in the Administration of Estate Act 1925, the main situation
that will arise for this case is the situation where the deceased
leaves behind children, and the property is divided amongst them.

Problem here is between the 2 parties, who have been in possession of
a property, both of whom are legally entitled to it, with reference to
the above, but only one is claiming beneficial interest. No problem
would have occurred if both parties were present at the acquisition of
the property, but only one was present during the acquisition. This
problem lies in establishing the extent of those beneficial interests
in the absence of any declaration.

In the Law of Property Act 1925 S60 (3) in voluntary conveyance a
resulting trust for the grantors shall not be implied merely by reason
that the property is not expressed to be conveyed for the used or
benefit of the grantee. There is no longer an automatic presumption of
resulting trust upon a voluntary conveyance simply because it has not
been excluded; however there was a clear intention in Hodgson v Marks[1],
here the house was not to be conveyed for the benefit and use of Mr
Evans, thus there was a resulting trust. S. 118(1) of the Housing Act
1985 gives council tenant the right to purchase their home. S126 (1)
provides the discount from the purchase price of the house via the
qualifying status of the non legal owner is classified as purchase
money. Evan v Hayford[2], here it was held a qualifying reduction in
the price of the house was clearly referable to the acquisition of the
house and as such should be seen as purchase money.

In the absence of any declaration of trust, the parties respective
beneficial interests of the property fail to be determined not by
reference to any broad concept of justice, but by reference to the
principle governing the creation or operation of resulting, implied or
constructive trusts which by s. 53(2) of the Law of Property Act 1925.
Nevertheless, the cases below illustrate the successfulness of the
claimants under resulting, constructive trusts and proprietary
estoppels and what remedy will they have under each head.

We need to look at the purchase money resulting trust; whether an
intention arises from the purchase money we need to know what is
sufficient to be regarded as purchase money and what time does the
intention derived from money have to be in existence.


The resulting trust gives effect to an intention presumed to have been
formulated in the light of money contributions made in the context of
purchase of land or property in the case of Cowcher v. Cowcher[3] the
court held that the...

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