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Driver v Yorke and another

7 April 2003, Ch D, HHJ Bowsher QC

Court: High Court
Date of Judgment: 07.04.03
Thomas Braithwaite

This was a claim that the principle asset of the Claimants' father's estate was held on constructive trust, and that it had been wrongfully sold by the executor, who had proceeded to distribute the proceeds.

The claim failed. In particular, the assertion that there was a common understanding as to any beneficial interest was inconsistent with the terms of the father's successive wills.

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