By Mark Tottenham BL in Laffoy J No Comments Tags: Co-ownership of land, Law of trusts, Partition of land, Probate law
Cawley v. Lillis [2011] IEHC 515
(High Court, Laffoy J, 6 December 2011)
High Court determines that joint tenancy accrued to husband guilty of wife’s manslaughter but that half of property was held as constructive trust for wife’s estate. (Full text.)
Property law – trust – probate – joint tenancy – will executed in 1993 naming husband as executor – conviction of defendant of husband of testatrix – s 120, Succession Act 1965 – preclusion of husband from taking any share in More
By Mark Tottenham BL in White J (Michael) No Comments Tags: Financial regulation, Law of trusts, Natural justice
Irish Life and Permanent PLC v. Financial Services Ombudsman [2011] IEHC 439
(High Court, White J, 16 November 2011)
High Court allows appeal from a decision of the Financial Services ombudsman and remits decision for review, on the grounds of: a) a failure to address a conflict of evidence; and b) an incorrect application of the law in relation to fiduciary duty. (Full text.)
Financial regulation – appeal from decision of Financial Services Ombudsman – s 57CI(2), Central Bank Act 1942 – whether serious and significant error in original decision – 35-year mortgage at fixed rate – right to apply for variable More
By Mark Tottenham BL in Laffoy J No Comments Tags: Charities, Law of trusts
Cheshire Foundation in Ireland v. AG [2011] IEHC 419
(High Court, Laffoy J, 28 October 2011)
High Court grants order approving cy-pres scheme, whereby charitable organisation permitted access to certain funds ringfenced by terms of trust. (Full text.)
Charitable organisation – cy pres scheme – provision of residential accommodation to people chronically ill or permanently disabled – funds held by charitable More
By Mark Tottenham BL in Laffoy J No Comments Tags: Banking law, Contract law, Law of trusts
O’Meara v. Bank of Scotland [2011] IEHC 402 (High Court, Laffoy J, 28 October 2011)
High Court holds: a) that plaintiff was entitled to beneficial ownership of monies in one bank account jointly held with her late husband, without right of set-off to the bank in respect of husband’s loans; and b) that the plaintiff did not have a beneficial interest in monies in another joint bank account. (Full text.)
Claim of ownership of monies in joint deposit accounts – death of one account holder – defence of set-off – whether monies stood as credit against loans in name of deceased – beneficial ownership of monies lodge in account – More
By Mark Tottenham BL in Laffoy J No Comments Tags: Law of trusts
W v. M (2) [2011] IEHC 217 (27 May 2011)
High Court (Laffoy J) grants order approving a varied scheme of arrangement in respect of a trust where one of the beneficiaries was of unsound mind. (Full text.)
Variation of trust – amended scheme of arrangement – s. 24 of the Land and Conveyancing Law Reform Act 2009 – additional material fact in respect of wishes of settlor – whether assent from each person beneficially interested in trust – effect on person of unsound mind – whether court has jurisdiction to ascertain contents of will of person of unsound mind – whether any other relevant person who might be affected by amended scheme – whether on the balance of probabilities the person of unsound mind would assent to amended scheme if she had capacity – whether minor children of beneficiaries were relevant persons.
W v. M [2010] IEHC 505
In re C.L. [1969] 1 Ch. 587
In re Whittall [1973] 1 WLR 1027
By Mark Tottenham BL in Laffoy J 1 Comment Tags: Law of trusts
W v. M [2010] IEHC 505 (30 July 2010)
High Court (Laffoy J) a) holds that court unable to make determination approving variation of trust document, on the grounds that it was not possible to determine whether the variation would be to detriment of a beneficiary; but b) does not refuse approval, so as to afford the plaintiff an opportunity to amend the application. (Full text.)
Trusts – application for approval of scheme of arrangement in respect of declaration of trust – s 24 Land and Conveyancing Law Reform Act 2009 – variation of trusts – whether court should approve variation – discretionary trust – default provision – person with power of appointment not having capacity – proposed variation of trust document – whether amendment to the benefit of beneficiary without capacity – whether amendment would have the effect intended by it – whether plaintiff should be afforded opportunity to amend application in light of court’s observations.
In re C.L. [1969] 1 Ch. 587
In re Tinker’s Settlement [1960] 1 W.L.R. 1011
By Mark Tottenham BL in Denham J No Comments Tags: Law of trusts, Rules of evidence
Stanley v Kieran [2011] IESC 19 (Denham J, nem diss, 7 June 2011)
Supreme Court allows appeal from determination of High Court that plaintiff was not entitled to beneficial ownership of property. (Full text.)
Resulting trust – appeal from High Court – claim of beneficial ownership of house and lands – claim that shares in company held on trust – connected actions – property purchased by plaintiff and conveyed to limited company owned by first defendant – whether a resulting trust – whether beneficial interest transferred to first defendant in consideration of her living with plaintiff as common law wife and personal assistant – failure of plaintiff to show interest in company – failure of defendant to attend whole of trial of action – whether presumption of resulting trust adequately rebutted – finding by trial judge that presumption not rebutted – inferences drawn by trial judge from evidence of plaintiff – whether sworn evidence from plaintiff should have been discounted.
Stack v. Dowden[2007] 2 A.C. 432
Twinsectra Ltd v. Yardley [2002] 2 A.C. 164
Antoni & Anor v. Antoni & Ors [2007] UKPC 10 (26 February, 2007)
By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Law of trusts
Court holds that defendant obliged to produce report of fund for plaintiff under European legislation, irrespective of whether relationship amounted to a trust.
Trustees – obligations to beneficiary – accounting obligations – whether rights clear or precise under European legislation as adopted in Irish law – European Communities (Undertakings for Collective Investments in Transferable Securities) Regulations 2003 – Regulation 39(d) – Directive 85/611/EC -UCITS Directive.
Brook v. Brook Bond [1963] 2 W.L.R. 320
CRC Credit Fund Ltd & Ors v. GLC Investments Plc Sub Fund: European Equity Fund & Anor [2010] EWCA Civ. 917
Commission v. Ireland [ECJ, Case – 427/07]
By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Law of trusts, Tracing
High Court refuses application by beneficiary in relation to moneys held in bank account, on the grounds that relevant parties not joined to action, and that (in any event) applicant had failed to prove its case.
Tracing of monies – competing claims of beneficiaries – “first in, first out” rule – exceptions to rule – bona fide purchaser for value.
Clayton’s case [1814-23] All E.R. Rep. 1