E-lawresources
Providing resources for studying law
 
 
 
Custom Search
 
   Home      Mascall v Mascall
 
 
Mascall v Mascall [1984] EWCA Civ 10   Court of Appeal
 
 
The claimant was a retired builder. In 1976 he purchased a house for his daughter who was terminally ill in the hope that she would come and live near him. However, she declined the offer to move in to the house. His son, the defendant, offered to buy the house from him for the price he had paid. The claimant told him that he did not want his money and that if he wanted the house it was his. The defendant moved into the house and treated it as his own with his father's knowledge and approval. In 1981 the defendant approached his father to request the legal title of the house be transferred to his name. The father agreed and went to his solicitor to put this into effect. The solicitor advised a scheme so as to avoid paying Capital Gains Tax whereby the transfer would register the son would pay £9,000 for the property (this was the price the claimant had paid for the property). A transfer form was filled out and the father handed the son the land certificate. The transfer form was sent to the Stamp Office but there was a delay in them dealing with the form. During this time the father and son had a serious quarrel and the son moved to Canada. The father decided he no longer wished to continue with the transfer. He requested the Stamp Office return the Land Certificate to him which they did. This prevented the son from registering the property with the Land Registry.
 
Held:
 
The father had done everything in his power to effect the transfer. There was no more on his part which was required to be done. Therefor the father held the house on trust for his son.
 
 
Back to lecture outline on express trusts in land law