Judge permits daughter of deceased to remain in property until she is 70, falling short of a life interest

Siblings, Philip Chryssikos ("Philip") and Maria Chryssikos ("Maria"), sought assistance from the Court in relation to a property owned by their late mother, Stella Chryssikos ("Stella"), following a dispute as to what was to happen to the property. 

Maria claimed there was an agreement that the property would be there for either her or Philip to live in for the rest of their lives, whereas Philip was keen for the property to be sold so that he could obtain his entitlement to his share of the sale proceeds.

In arriving at his decision, Judge Ashby decided that the property could be sold but not until Maria's 70th birthday (which is approximately 14 years away). This was despite Maria's claim for a life interest in the property (i.e. the ability to reside in the property for the remainder of her life). The judge also rejected Maria's claim for increased provision from the estate.

This case is a useful reminder of the Court's wide powers and the fact that decisions are made on a case-by-case basis. Despite Maria's age, and the fact that Stella had written a letter stating that she wanted the house to remain Maria's main residence and for Maria not to be evicted, the Judge felt it was not Stella's intention for Maria to reside in the property for life. In coming to his decision, the Judge also remained mindful that Stella would have wanted Philip to receive his entitlement to his share of the sale proceeds during his lifetime.