Wills & Trusts Law Reports | Web OnlyThe long-term partner and customary wife of the deceased claimed that a proprietary estoppel arose in her favour as to the matrimonial home. At first instance, the County Court awarded her a life interest in the property in satisfaction of her equity. On appeal, the High Court upheld the award of the life interest finding that she had detrimentally relied on assurances given by her customary husband, by not purchasing a house of her own. She was not required to demonstrate in great detail how she would have acquired such a house – by virtue of the representations of the deceased she had ...
Anna Sutcliffe highlights practical pointers for bringing a proprietary estoppel case and suitable remedies, with reference to Anaghara Alice’s expectation that she could live in the property for her lifetime was not only something which she could reasonably rely upon, but was close to a consensual bargain. The Chief’s representations were both meant by him …
Continue reading "Proprietary estoppel: What is fair"
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Wills & Trusts Law Reports | Summer 2020 #179The claimant and her husband owned and farmed College Farm in Cambridgeshire. They had three children – two daughters and one son. The defendant, who was their son, owned and farmed the adjoining Whitleather Lodge Farm and had joined his parents’ farming partnership on an equal basis.
After separating from her husband in 2011, the claimant moved into a property which had previously produced a rental income and she was concerned to secure her financial independence. This led to the claimant, her ex-husband and the defendant setting in motion the steps required for a partnership agr...
Sukhninder Panesar considers the case law relating to proprietary estoppel when seeking to acquire an interest in land without complying with the formalities of the 1989 Act Etherton J held that the proprietary estoppel was sufficient grounds for the enforcement of the terms of the oral contract. The question whether proprietary estoppel can be pleaded …
Continue reading "Law of Property (Misc. Provisions) Act 1989: Proprietary estoppel wins again"
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The parable of the prodigal son has resonance in modern probate disputes. Alex Troup discusses ‘The judge’s finding that the deceased had deliberately broken the agreement to equalise the balance between her two children explained the difference between her old will and the disputed will.’ The parable of the prodigal son has all the makings …
Continue reading "Probate: Promises, promises"
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Amy Harris summarises the key elements of a claim for proprietary estoppel and highlights the significance of the evidence available to the court in such cases ‘The three main elements of a proprietary estoppel claim do not sit in “watertight compartments”, and judicial discretion is key.’ In Guest v Guest [2019], the court was concerned …
Continue reading "Proprietary estoppel: Broken promises"
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Wills & Trusts Law Reports | Spring 2019 #174In 1966 the claimant and his brother became the joint owners of a substantial farm in Wiltshire and began farming in partnership. The claimant’s son, the defendant, worked on the farm from childhood and became a salaried partner in 1998.
The brother retired from the partnership in 2008 and gave his partnership share to the defendant in return for a payment of £500,000 from the partnership. The claimant and the defendant also incorporated a company, of which the defendant was 51% shareholder, and to which various partnership assets were transferred in 2010.
Relations between...
In the first part of two articles Amanda Noyce discusses a series of recent proprietary estoppel claims concerning farms ‘There are six recently reported cases involving the concept of proprietary estoppel, where the principles emphasised (although not established) in Thorner have been honed.’ Proprietary estoppel appeals to those of us involved in Chancery work – …
Continue reading "Proprietary estoppel: Where there’s muck there’s brass"
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Joss Knight examines a claim for a common intention constructive trust where a cohabitee has passed away ‘The administrators found themselves defending proceedings on behalf of the estate and attempting to deny the existence of a conversation to which they were not, on anyone’s case, a party.’ Claims for a declaration that property is held …
Continue reading "Constructive trusts: Gone, but not forgotten"
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Wills & Trusts Law Reports | Winter 2018 #170The deceased was a self-made man who had operated a farming business and a haulage company in partnership with his wife (the third defendant) and his son (the claimant). Over the course of his life, he purchased a number of parcels of agricultural land in Dorset. In 2007 he gave two of these parcels to one of his daughters (the first defendant). In 2009 the partnership dissolved, and the deceased transferred one of the parcels to himself and the third defendant to hold jointly. At the same time the claimant was given one of the parcels and the haulage business.
The deceased died i...
