Court Court of Appeal | Citation(s) [1948] 2 All ER 133 | |
Bannister v Bannister [1948] 2 All ER 133 is an English trusts law case, concerning constructive trusts.
Contents
Facts
Ms Bannister inherited two cottages when her husband died, including the one where she lived. She transferred them to her brother in law for under market value. They orally agreed she would remain rent free for life. Then he tried to kick her out.
Judgment
Scott LJ, 136, held (1) the conveyance need not be obtained by fraud (2) the transfer need not use technical language of a trust (3) no weight was given to the fact that the conveyance was at an undervalue. The fraud consists in the denial of the trust. The proprietary right was given to Ms Bannister under constructive trust.
References
Bannister v Bannister Wikipedia(Text) CC BY-SA