Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Wilson v Wilson [1969]

288 words (2 pages) Case Summary

12 Oct 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

Wilson v Wilson [1969] 1 WLR 1470 ChD

Rectification of trust on grounds of mistake; effect of equitable interests.

Facts

The defendant sought to purchase a house with the aid of a building society mortgage. His earnings did not satisfy the building society’s requirements, and so he asked his brother to join him as co-buyer. The transfer contained a declaration that the title was to be held as joint tenants in equity and the title was registered in joint names, with both brothers as co-mortgagors. The claimant served notice to sever the tenancy and claimed an undivided half share in the property, and the defendant counterclaimed to have the transfer rectified.

Issues

The defendant asserted that it had been the intention of both himself and his brother at the time of the purchase of the property that it should be held for him beneficially in its entirety. He had paid the full deposit and he had fulfilled the mortgage repayments and the claimant had contributed nothing to the purchase price of the property. The only reason the brother had been included on the title was to satisfy the mortgagee’s requirements. As such, he applied to have the part of the transfer establishing a joint tenancy to be rectified for mistake. The claimant sought to rely on the precise terms of the transfer deed and claimed a half share of the property.

Decision/Outcome

The defendant was afforded relief by way of rectification and the declaration of trust was struck out from the transfer deed. The evidence clearly showed that it was the intention of both parties that the property was to be held beneficially for the defendant in its entirety, subject only to the mortgage with the building society.

LawTeacher

LawTeacher

LawTeacher.net is the UK's leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey's Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report