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Harris v Harris [1995]

Facts

  • Following her husband’s death, a widow wished to have the family home sold under a trust for sale
  • One of the children of the family home wished to remain in the home

Issue

  • Could a sale be ordered?

Decision

  • No

Reasoning

  • The purpose of the trust – to provide a family home for the husband, wife and their survivors – was still continuing, and would be undermined if a sale were to be ordered
  • The purpose was of the trust on which the home was held was not to provide a matrimonial home (a purpose which would have ceased on the husband’s death)
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