Wills & Trusts Law Reports | September 2015 #152This was the hearing of an application for strike out of a Part 20 claim or alternatively summary judgment in favour of the defendants where the underlying proceedings related to two separate trusts: a settlement of land and other assets created on 18 February 1967 by Charles (the settlement) and a will dated 15 March 1998 of Charles’s son, John, who died on 20 December 2004 (the will fund).
The claimant in the underlying proceedings had sought declaratory relief regarding the construction of a March 2007 deed, alternatively rectification of it, whereby the trustees of the will fu...
Michael Gouriet and Jemma Thomas report on the basis in which an interest in property may be secured by proprietary estoppel ‘The detriment suffered need not be financial but must be substantial, and must be judged at the point when the person who gave the assurance seeks to renege on it.’ Establishing an equitable interest …
Continue reading "Equitable Interests: Showing an interest"
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Christopher Lloyd examines the current approach of the court to proprietary estoppel as indicated in Bradbury v Taylor</em Assurances or promises do not need to be the sole reason for the representee’s conduct: it is sufficient if they are an inducement. The inexorable rise in real property prices over the last half-century means that a …
Continue reading "Proprietary Estoppel: Deal or no deal"
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