Is there a trust?

Hello All

My client’s grandfather died in 2001, leaving his estate divided equally between my client and his mother, D. Virtually the entire value of the estate was represented by the deceased’s home.

D moved into the deceased’s home with her husband, client’s step-father. Client was happy to allow her to use the property.

In 2007, D sold the home and bought a smaller property. She put the new property into the joint names of herself and her husband, as tenants in common. She put the surplus funds into a bank account in the joint names of herself and her husband.

There is a lot of evidence that the couple intended to make Wills each leaving their half share of the property to the client but this didn’t happen.

In 2012 D died and shortly after this her husband entered into an equity release. He then died last year.

Is there a case for claiming that D’s husband held some/all of client’s share of his grandfather’s estate on trust, so that it wouldn’t pass under the intestacy rules to the husband’s nephews?

Thank you.
Chris