Tinsley v Milligan
1993 · [1994] 1 AC 340
Posted By lanbuk.com
- Facts
- Two women bought a house in Tinsley's name so that Milligan could make false claims for state benefits. They fell out.
- Issue
- Could Milligan claim her share despite the illegal purpose?
- Held
- Yes. The House of Lords held she could rely on the presumption of without relying on the illegality.
- Principle
- Under the old reliance test, a claimant could succeed if she did not need to plead the illegality.
- Why it matters
- The reliance test has been replaced in England by Patel v Mirza.
Words and Latin in this note
- Resulting trust
- A trust under which the beneficial interest goes back to the person who provided the property, because he is presumed not to have meant a gift, or because an express trust did not use up the whole interest. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.