Chitiz Pathak LLP successful at the Court of Appeal on behalf of Estate Trustees seeking a sale of jointly owned properties

January 12, 2017

Alastair McNish represented the estate trustees of an estate that jointly owned two income properties with another party. Mr. McNish brought an application on behalf of the estate trustees in the Superior Court of Justice to compel the sale of the properties. The respondent opposed the sale on the basis that the deceased had agreed to sell his interest in the properties to the respondent shortly before the deceased passed away. The respondent sought an order requiring the estate to sell its interest to him in accordance with the handshake deal he claimed he had with the deceased.

The main issue before the court was whether the respondent had independent evidence to corroborate his version of events, as required by section 13 of the Evidence Act. The respondent also attempted to show that his acts of “part performance” to complete the deal were sufficient to exempt the alleged sale from the requirement that agreements for the sale of land must be in writing. The judge ruled in favour of the estate trustees. The respondent appealed.

The Court of Appeal heard the appeal on January 9, 2017. The Court of Appeal agreed with Mr. McNish that the application judge had properly applied the law to the facts of the case, and dismissed the appeal. Click here for the decision.

Alastair McNish, Estate Litigation, Litigation, Litigation News