Wills & Trusts Law Reports | Spring 2024 #194The court was concerned with the claim of Richard and Adrian Winter to challenge the dispositions made by their father, Albert Winter, in his will dated 30 April 2015 (the 2015 will) which left the residue of his estate to their brother, Philip. The principal asset in Albert’s estate was his share in a market garden business operated by the family for many years, and since 1998 as a partnership between Albert, his late wife Brenda, the claimants and the first defendant. In January 2004 the partnership business was transferred to a company.
The claim was put on two principal bases....
Katie Alsop explores the latest developments in proprietary estoppel Despite the benefit which had been conferred upon them by virtue of the transfer of the farmhouse, that did not discharge the detriment associated with the promises and assurances made to Simon and Alison. The doctrine of proprietary estoppel is fast becoming known as the gift …
Continue reading "Farming disputes: The three ‘P’s – partnerships, proprietorships and proprietary estoppel"
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Katie Alsop discusses a proprietary estoppel claim that succeeded despite little documentary evidence and the claimants not being family members With the benefit of hindsight, this case would have been eminently suitable for mediation. It does act as a stark reminder of the obligation on practitioners to discuss with clients the expectations of the court …
Continue reading "Proprietary estoppel: An unusual plot"
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