Gohil v Gohil (Beneficial interests, trusts and restrictions : Beneficial interests, trusts and restrictions) [2019] UKFTT 381 (PC)
Decision summary REF/2018/0589
Case reference REF/2018/0589
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)
Cited in 1 later judgment