Constructive Trust v Land Registry

Trusts Discussion
1

Not sure if anyone can help me but I have a client who is named on the Title Register owing the property as joint tenants with their parents, therefore passing by survivorship.

However the surviving parent has subsequently died but the firm who did the Will have suggested that the testator should do a constructive trust to leave the estate between siblings, but this was never recorded and there is no severance of the joint tenancy.

Our client has been on the title for over 15 years and the property is their principle private residence.

Any help offered would be gratefully appreciated.

Many thanks

2

The question comes down to the true beneficial ownership. You need to ask the client why they were a joint tenant with their parents, who funded the purchase and why? What was the point to the arrangement?

I’m not quite up to date on the latest cases but presumably the true position may involve a constructive trust or resulting trust - everything depends on the reason for the arrangement, the intention of the parties and (if contentious) the evidence of that.