Bannister v Bannister
| Bannister v Bannister | |
|---|---|
 | |
| Court | Court of Appeal of England and Wales |
| Citation(s) | [1948] 2 All ER 133 |
| Keywords | |
| Constructive trust | |
Bannister v Bannister [1948] 2 All ER 133 is an English trusts law case, upholding a constructive trust of land against a relative who took title to the land, with a promise back to the transferor she could remain in her cottage for life.
Facts
Mrs 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 (at an undervalue). They orally agreed she would remain rent-free for life in her cottage. He sought to evict her.
Judgment
Scott LJ held that for a constructive trust:
- The conveyance need not be obtained by fraud;
- The transfer need not use technical language of a trust;
- No weight needed to be 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.[1]
See also
Notes
- ↑ [1948] 2 All ER 133 at page 136
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