Alan H Tomlinson (Trustee in the Estate of Lesley Margaret Peppard) -v- Dean Kirk Harrington and Terrance Edward Nash

LTL 13/03/2009, [2009] B.P.I.R 331

The transfer of a property by a bankrupt to her son for nil consideration was a transaction at an undervalue within the meaning of the Insolvency Act 1986 s.339.  As the transaction was at an undervalue the son had no right to grant a declaration of trust purporting to give his grandfather a beneficial interest in the property.