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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We bought a horse (half shares) with a friend over 10 years

Resolved Question:

We bought a horse (half shares) with a friend over 10 years ago.
The friend would not sign any form of contract that I drew up and paid the insurance only for the horse while I paid for all the training, feed, livery bills etc.
Unfortunately my friend passed away 8 months ago but always said that if anything happened then the horse was mine (again nothing in writing!). Since the death the horse was sold and then recently had to be put down after sustaining a broken leg!! Her spouse is trying to make an insurance claim and/or claiming entitlement to half the proceeds of the sale and or insurance (as he claims the insurance is still valid).
Where do I stand??
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask in whose name the horse passport was registered please?

Customer:

Registered in joint names

Joshua :

Thanks.

Joshua :

Does your friends spouse accept that your friend said you could have the horse after her passing?

Customer:

He never showed any interest until now! I'm sure that this was mentioned to him by her on several occasions as it was to me and others.

Joshua :

Thanks so he has never confirmed as much to you in any way?

Customer:

No.

Joshua :

Thanks. If the horse is registered in joint names the starting point will be that you own 50% and your friends estate owns the other 50%. In order to claim a higher percentage you would need to show that you contributed unequally to the horse originally or that your friend left the horse to you on her passing.

Joshua :

I you can show either of these things then you could sustain a claim for a higher percentage.

Customer:

Our friend only ever wanted her original investment back. It was offered to her 5 years ago but she refused.

Joshua :

Sorry for the short delay - I have just had to take a brief phonecall. I won't be much longer...

Joshua :

Sorry for the delay. If you are jointly registered however you can claim that you owned the horse as joint tenants and accordingly you are entitled to the horse (now the insurance claim) by right of survivorship.

Joshua :

It would then be for your friends spouse to show why you are not entitled to the horse following your friends death by survivorship.

Customer:

I have just double checked and found that the horse was never registered in either of our names on the passport and being a dressage horse was only ever registered for competitions in my name (with British Dressage).

Joshua :

Whose name is XXXXX XXXXX passport?

Customer:

There are no names on the passport as the horse was bought as a 3 year old in Holland

Joshua :

I see thank you. On that basis your friends spouse will have a claim against half of the value of the horse I regret unless you can produce evidence that demonstrates that your friend gave you the horse during her life or upon her passing.

Joshua :

Is there anything above I can clarify for you any further?


Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

yes thank you

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