Rupert Chapman

Quantifying beneficial interests post Kernott

In the case of Graham-York v York [2015] EWCA Civ 72 the Court of Appeal has considered the proper approach to the quantification of beneficial interests since the Supreme Court’s judgment in Jones v Kernott. The appellant, Miss Graham-York had lived with a Mr York until his death in a property purchased in his sole name and continued to live there after his death. The property was subject to a mortgage and when it fell into arrears the provider sought to enforce those arrears against Mr York’s estate. They succeeded in an application for possession, whereupon the appellant sought to be joined to the proceedings and to claim a constructive trust which she asserted took precedence over the mortgage. The Circuit Judge gave the Miss Graham-York a 25% share of the net proceeds of the property after payment of the mortgage. She appealed both the unequal distribution and the order that the mortgage charge should take precedence over her own interest. Read more