Abbott v Abbott


Abbott v Abbott UKPC 53 was a decision by the Privy Council on a case from the Court of Appeal of Antigua and Barbuda that became important for English land law and constructive trusts.
The case involved a married couple disputing their respective ownership shares in property, where the husband held legal title but the wife claimed a beneficial interest. The Privy Council's ruling was significant because it established that courts should consider the parties' entire course of conduct when determining property rights, rather than focusing narrowly on direct financial contributions. This broader approach made it easier for individuals to establish equitable interests in property where they had contributed through non-financial means, marking an important shift away from the more restrictive principles established in Lloyds Bank plc v Rosset. The decision has particular relevance for protecting the property rights of spouses and cohabiting partners.

Facts

Mr. and Mrs. Abbott were in Antigua and Barbuda and were married. There the shares would still be determined by property law. Mr Abbott was the registered owner. Mr Abbott did not dispute that Mrs Abbott had a share, but disputed the amount.

Judgment

Baroness Hale, delivering the opinion of the Board, said the following.