Court of Appeal
Williams v Williams and others
[2024] EWCA Civ 42
2023 Dec 7;
2024 Feb 1
King, Asplin, Newey LJJ
Trust of landFarmJoint interestParents and son acquiring farm as equal co-ownersJudge finding property acquired for business purposes declaring beneficial tenants in common in equal sharesWhether beneficial tenants in common in equal shares Whether joint beneficial tenants

In proceedings brought by the claimant against two of his siblings and the executors of his father’s estate asserting various claims in relation to, inter alia, the ownership of a farm. There was no dispute that the claimant and his parents acquired the property on trust for themselves as equal co-owners. The judge found that the farm was purchased by the claimant and his parents for business purposes and declared that they had purchased it as beneficial tenants in common in equal shares. The claimant appealed, contending that the judge had been wrong to conclude that the farm had been purchased as benefical tenants in common and should have found that it had been acquired as joint beneficial tenants so that he had a right of survivorship following the death of his parents.

On the appeal—

Held, appeal dismissed. Since there was no dispute that the claimant and his parents acquired the property on trust for themselves as equal co-owners, the question was whether it was also intended that they should be joint owners with the right of survivorship, or whether they were tenants in common in equal shares with no right of survivorship. On the findings of the judge the present case was not one where partners acquired land as part of their partnership assets, but one where land was acquired for business purposes. There was a very longstanding and well established principle that equity would usually assume that co-owners acquiring property for business purposes did not intend survivorship. There was nothing in the higher authorities relied on in the domestic context which suggested that that principle had been undermined or affected in any way. Neither case concerned the question of survivorship, and in both cases remarks were confined to the case of cohabiting couples in an intimate relationship, and the court went out of its way to say that commercial cases were different. Thus, although the principle that the onus was on the person seeking to show that the beneficial ownership was different from the legal ownership was not confined to the domestic context, that was only the starting point. Where such property was acquired for business purposes, the court would very readily assume that survivorship, and hence joint tenancy, was not intended. The effect of putting such property into joint names was no doubt to raise a powerful inference that the legal owners were intended to be beneficially interested in the property, but if the legal title was in more than one name, the parties had no choice but to hold the legal title jointly, as legal tenancies in common had long been impermissible. In those circumstances, the inference that they thereby intended a beneficial joint tenancy with its right of survivorship rather than a tenancy in common seemed likely to be in many contexts a much weaker one, and in the case of land bought for business purposes one that was easily and normally displaced by the presumption that such property was intended to be held in common. The judge had not been wrong to apply that principle (paras 35, 41, 45, 50, 58–62, 63, 78–79, 80, 81).

Stack v Dowden [2007] 2 AC 432, HL(E) and Jones v Kernott [2012] 1 AC 776, SC(E) considered.

Decision of Judge Jarman KC sitting as a High Court judge [2022] EWHC 1717 (Ch) affirmed.

Guy Adams (instructed by Redkite Law LLP, Cardiff) for the claimant.

James Pearce-Smith (instructed by Michelmores LLP) for the siblings.

Alison Sylvester, Barrister

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