Proprietary estoppel: Widening the net

University of Greenwich and Aston University | Family Law Journal | September 2021 #206
Mark Pawlowski and James Brown examine whether a proprietary estoppel claim can extend to property other than land Assuming that the doctrine of proprietary estoppel is of general application to property other than, strictly speaking, interests in land, there is no reason why a spouse or cohabitee should not be able to mount a successful …

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Trusts And Divorce: Family divided

5 Stone Buildings | Trusts and Estates Law & Tax Journal | May 2015 #166
Divorce case Arif v Anwar and Rehan [2015] raises interesting points on beneficial ownership and also costs, as Penelope Reed QC and Nicholas Fairbank report ‘There are no winners when the overall assets are reduced so significantly by the legal costs that adequate provision for the parties is circumscribed.’ In Sofia Arif v Arif Anwar, …

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Probate: Executors beware

Radcliffe Chambers | Trusts and Estates Law & Tax Journal | November 2011 #131
Grant Crawford analyses Shovelar v Lane, which provides a salutary lesson for executors confronted with hostile proceedings ‘The fact that a party will be financially worse off by accepting a Part 36 offer cannot mean that it would be unjust to apply the penalties set out in that rule; it will almost invariably be the …

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