Family Property

Question 1

There is a presumption of a resulting trust when Y transfers property to X if no consideration is supplied. Which case?

Answer 1

Re Vindogradoff

Question 2

There is a presumption from Y to X mathematically equivalent to the percentage contribution of a property purchase price. Which case?

Answer 2

Burns v Burns

Question 3

There is a presumption of advancement if X is Y’s father and X voluntarily transfers property to Y. Which case?

Answer 3

Bennet v Bennit

Question 4

There is a presumption of advancement if X is Y’s husband or fiance and X voluntarily transfers property to Y. Which case?

Answer 4

Pettit v Pettit

Question 5

Presumptions can easily be rebutted with evidence of intentions. Which case?

Answer 5

McGrath v Wallis

Question 6

Retention of title deeds will rebut the presumption of advancement. Which case?

Answer 6

Warren v Gurney

Question 7

Only acts/statements that occurred at the time of transaction are admissible of evidence which explains intentions. Which case?

Answer 7

Shepherd v Cartright

Question 8

Evidence of fraudulent or illegal motives cannot be used to rebut presumptions. Which case?

Answer 8

Gascoigne v Gascoigne

Question 9

An illegal purpose which has not been carried into effect may be raised in evidence, which case?

Answer 9

Tribe v Tribe

Question 10

If the illegal purpose is not needed to establish the rebuttal this will not defeat a resulting trust.

Answer 10

Tinsley v Milligan

Question 11

What are the two types of constructive trust?

Answer 11

1. Express common intention constructive trust

2. Implied conduct common intention constructive trust

Question 12

What must exist for an express common intention constructive trust?

Answer 12

1. An agreement or understanding
2. Supported by detrimental reliance

Lloyds Bank v Rossey

Question 13

What is necessary for an implied common intention constructive trust?

Answer 13

“Contribution to the purchase price or mortgage payments”. “Nothing less will do”. Lord Bridge Lloyds Bank v Rosset

Question 14

In which case was it suggested that instead of mortgage payments, contribution to repairs might suffice

Answer 14

Le Foe v Le Foe; Stack v Dowden

Question 15

If a common intention constructive trust is established, how should it be calculated?

Answer 15

Taking into account the implied common intentions of the parties (Baroness Hale at [69] of Stack v Dowden)

Question 16

The whole course of dealings of the parties is what is significant. Which case?

Answer 16

Jones v Kernott

Question 17

What is necessary for proprietary estoppel?

Answer 17

An assurance given to that they are entitled to an interest in the property. This can be active or passive (Pascoe v Turner)

Question 18

Detrimental reliance is necessary on the assurance. Which case?

Answer 18

Gillet v Holt

Question 19

The quantification of the equity is flexible. It depends on factors in which case?

Answer 19

Jennings v Rice

Question 20

Name three factors in Jennings v Rice

Answer 20

Defendant’s practical benefit
Claimant’s detriment
Unconscionability