Paul Hewitt, Paola Fudakowska & Adam Cloherty discuss recent cases
In Levi v Levi [[2008] 2 P & CR D2 the deceased (D) had two children, I and S. D lived in a council property and applied to exercise her right to buy the property but died in 1989. Under her will D left “her share” in the property to I and her residuary estate to I and S equally.
I succeeded to his mother's council tenancy in 1992 and, exercising his right to buy, purchased the property for £41,250 in 1995. I could not raise a sufficient mortgage so he agreed with S that she would make him a loan, including allowing him to use funds from her share of the estate (I having already received his own 50%) to enable I to pay the balance of the purchase price (the 1995 Agreement). After the purchase there was an ongoing dispute between S and I about the terms of the 1995 Agreement, S's interest in the property and access to it. By September 1996 I had repaid all the sums due to S together with
