Shephard v Cartwright

The presumption of advancement can be rebutted only by evidence of the transferor's intention at the time of the transfer, and later acts or statements are admissible only against the person who makes them.

Citation
[1955] AC 431
Court
House of Lords
Year
1955
Subject
Equity and Trusts
Topic
Resulting trusts

Facts

A father had shares in family companies allotted in the names of his three children. Years later, the shares were sold, and the father obtained the children's signatures to documents allowing him to use the proceeds, which he then spent. After his death, the children claimed the money from his estate, which argued that the father had never intended the shares to be a gift.

Legal principle

The House of Lords held that the presumption of advancement applied, so the children were entitled to the shares. Viscount Simonds said that the presumption can be rebutted only by acts and declarations of the parties before or at the time of the purchase, or so immediately after it as to constitute part of the transaction. Later acts and declarations are admissible only as evidence against the party who made them, not in his favour. The father's later conduct could not be used to rebut the presumption in his favour.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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