The applicant sought a declaration of entitlement to a two-thirds share of his deceased mother-in-law's home, arguing that a previous joint tenancy transfer to his late wife severed the tenancy and made it a matrimonial home.
The respondents, the deceased's grandchildren, argued the transfer was a resulting trust.
The court found the applicant failed to rebut the presumption of resulting trust arising from the parent-to-child transfer.
The application was dismissed, and the respondents were awarded partial indemnity costs, reduced due to unnecessary separate representation.
