Chapter 5 Self-test questions

. What proportion of the population aged over 16 cohabit with a partner?

. Cohabitants have very different rights in relation to one another compared to married couples.

. In which of the following situations do married and cohabiting couples rights differ? Choose all that apply.

. Which of the following statements is correct?

. The only difference between joint tenants and tenants in common is that joint tenants have equal shares and tenants in common have unequal shares in a property. True or false?

. An express declaration of trust, made at the time of purchase, can be altered in which of the following ways?

. In order to establish an implied trust, an application to court must be made under:

. What is meant by the phrase 'common intention' in the context of establishing an implied trust over land?

. Which of the following principles were established in Stack v Dowden [2007] UKHL 17? Choose all that apply.

. What is the defining feature of a "Rosset 1" type trust?

. In order to establish and inferred common intention to share the beneficial interest in a property (a "Rosset II" type case) it is necessary to show a direct financial contribution to the purchase price. True or false?

. Which of the following statements in relation to post-acquisition intention is correct?

. In order to show that they have relied to their detriment on a common intention, a claimant must be able to demonstrate that they have made a direct financial contribution to the property. True or false?

. Once a constructive trust has been established, what factors can the court take account of when deciding quantification of shares?

. What right does s.12 of the Trusts of Land (Appointments of Trustees Act) 1996 create?

. In order to establish a resulting trust, the claimant needs to rebut a presumption that the contribution to the purchase price was a gift. True or false?

. A resulting trust does not necessarily arise in which of the following circumstances? Choose all that apply.

. In which case did the Court of Appeal decide that the substantial discount available to a council or housing association tenant could be considered a contribution to the purchase price?

. Which of the following statements is true in relation to the difference between constructive and resulting trusts? Choose all that apply.

. To establish proprietary estoppel, the promisor must have intended that the claimant would rely on the promise. True or false?

. In Thorner v Major [2009] UKHL 18 the claimant worked on his cousin's farm in the belief that what would happen as a result?

. What was the detriment to Mrs Blackburn in Southwell v Blackburn [2014] EWCA Civ 1347? Choose all that apply.

. What powers does the court have under s.17 Married Women's Property Act 1882?

. The Matrimonial Proceedings and Property Act 1970 enables a fiancé(e) to acquire a beneficial interest in his/her fiancé(e)'s property if he/she contributes in money's worth or money to the improvement of the property. True or false?

. With a joint bank account there is a presumption that the money is owned and to be dividing according to how much each person paid in. True or False?

. What did John Dewar mean by the term familialization of family property?

. Research shows that cohabitants tend to have a good understanding of their legal rights in relations to property owned by only one member of the partnership. True or false?

. Reforming trust law to make it easier for cohabitants to acquire a beneficial interest in the family home would put cohabitants on an equal footing with married couples. True or false?

. Which of the following requirements for making a Will was changed in 2020 due to the COVID pandemic?

. The test for deciding whether someone has testamentary capacity include which of the following factors?

. As long as a testator has capacity, they are free to leave their estate to whoever they wish. True or false?

. Which of these statements describes what happens when a person dies without making a Will?

. Jointly owned possessions and property fall outside a will or intestacy. True or false?

. The number of contested probate cases is rising. True or false?

. In order to make an application under the Inheritance (Provision for Family and Dependents) Act 1975, what does the applicant need to show?

. All cohabitants can automatically make an application under the Inheritance (Provision for Family and Dependents) Act 1975. True or false?

. Which of the following criteria must the court consider when deciding on what is reasonable financial provision? Choose all that apply.

. In deciding whether or not reasonable provision has been made for the applicant, the court must consider what is a fair distribution of the estate. True or false?

. Which of the following steps can cohabitants take to protect themselves and possible rights to one another's property? Choose all that apply.

. According to a report published in 2002, what were the different types of cohabitants identified by the Law Society Family Law Committee?

. Many cohabiting couples go on to marry. In 2006 what percentage of brides and grooms gave the same address on their marriage notices?

. In a survey conducted by Hibbs, Barton and Beswick in 2001, how many participants thought that marriage would not change the legal nature of their relationship with their partner?

. What did Crawford et al conclude in their study looking at outcomes for children of married couples?

. Barlow et al found that a government information campaign designed to address the common law marriage myth was unsuccessful in getting couples to enter into cohabitation agreements. True or false?

. Which of the following proposals is contained in the Law Commission Proposals from 2007? Choose all that apply.

. Funmi and Ezekiel live together in a two-bedroom flat owned in Funmi's sole name. Funmi already owned the house when she met Ezekiel and had bought it with a deposit from money inherited from her grandmother and a mortgage taken out against her salary. Ezekiel has lived there for 10 years. He has never made a direct contribution to the mortgage, but he does pay the council tax and the gas and electricity bills. He also spent £20,000 of his own savings on a new fitted kitchen and another £10,000 on installing double glazing and a wood-burning stove. The relationship has now broken down and Funmi has asked Ezekiel to move out. He has said that when he first moved in, she encouraged him to spend his savings on improving the property instead of putting a deposit down on his own place, saying "this is your home now, so don't waste your money on a house you will never live in". Ezekiel now wants a share of the property. He says he believed that they owned the flat jointly and that his contributions to the household expenses included an indirect contribution to the mortgage and that he would never have spent his savings on the flat if it had not been his. Funmi disagrees, saying she never intended to share the house, it was Ezekiel who wanted the kitchen and wood burning stove and the double-glazed windows reduced the heating bill, which saved Ezekiel money. Advise Ezekiel as to whether he can establish a share in the property.

. Gabriella and Hema lived together for 18 years. They never married or entered into a civil partnership. Before they met, Gabriella was married and had 4 children. She divorced her husband 20 years ago and bought the house that both she and Gabriella have been living in with a lump sum she received as part of the divorce settlement and a mortgage. When Hema moved in she sold her own property and paid off the mortgage on Gabriella's house. The house was transferred into joint names and they held the house as joint tenants in common. Hema has recently died of breast cancer. She did not make a will. She had £100,000 in savings and owned half of the furniture in the house. Hema's children have told Gabriella that she needs to move out of the house as they are entitled to the whole of their mother's estate, which include a 50% share of the house. They say that it was always their mother's intention for them to inherit the house because it was bought with money from their father following the divorce. What is Gabriella's position in relation to inheritance of the house and the savings fund?

. Irina and Jakub have lived together for 30 years. They have 3 adult children. Irina has not worked outside the home since the first child was born. Jakub was happy for her to stay and home and look after the children, but they never discussed the long term plans. Initially she had planned to return to work after a year or so. Irina was going to go to university and train as a nurse when their youngest child went to secondary school, but Jakub's mother had dementia and came to live with them. Irina cared for her for 12 years until she died 2 years ago. The house is owned in Jakub's sole name and Irina has never paid anything towards the mortgage or the property. Jakub has always referred to it as 'my house', never 'our house'. She wanted to marry Jakub before the first baby was born, but he said that she had been sold a fantasy by the fairy stories and there was no need for a piece of paper to show their love for one another. Jakub has now fallen in love with another woman and is planning to marry her. He has asked Irina to move out of the house and told her she needs to find a job and look after herself. Irina thinks that Jakub should support her financially as she has lived as his 'common law wife' for all these years. What are Irina's options?

. Anna and Bella are sisters. They live together in a house called The Grange. This house is owned by Anna in her sole name. She inherited the property from her maternal grandmother before Bella was born. Anna is now 85 years old and Bella is 72. They have both lived in the house since they were children. Bella has never married or had children. She lived most of her adult life in a small cottage in the garden, but when Anna's husband died 20 years ago, she moved back into the house with Bella. The cottage is used for holiday lets to supplement her pension. Bella had a very successful career as an academic and was a Professor of Medicine at a top university. She retired early (leaving her with a significantly reduced pension) to help care for Anna, who was diagnosed with Parkinson's disease shortly after her husband died. He left her without any proper financial provision and she has never worked outside the home. Bella has therefore supported Anna financially for the past 20 years as well as being her full-time carer. Anna has always referred the The Grange as 'our home' and 'our house' and has often said 'It is as much yours as mine because your would have inherited half of it if you had been born sooner. Anna's children think that she now needs to go into a care home. They want to sell The Grange to pay for the fees and they have told Bella she will need to find somewhere else to live and that she is not entitled to any share in the proceeds of the sale. Anna now has advanced dementia and does not have capacity to manage her own affairs. Advise Bella as to whether she is entitled to a share in the property.

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