Bhusate (personal representative of the estate of Kashinath Bhusate (deceased)) v Patel (personal representative of the estate of Kashinath Bhusate (deceased)) and others

Practice – Striking out. There was no basis for applying the approach in Jones v Kernott[2012] 1 All ER 1265 to a wider context where: (i) there was an intestacy; and (ii) no common intention about beneficial interests might be inferred from facts that predated a deceased's death. The Chancery Division so ruled in striking out the main claim brought by the claimant (the third wife of the deceased), in which she had contended, among other things, that she was the sole beneficial owner of a property in which she had lived with the deceased by reason of a common intention constructive trust. The court held, among other things, that no common intention constructive trust had been imputed and that the claimant's claim, and her son's counterclaim, alleging a beneficial interest in the property, failed on the facts and in law.

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