Guest & anr v Guest WTLR(w) 2021-05

Wills & Trusts Law Reports | Web Only

The respondent (who had been the claimant at first instance) was the eldest son of the two appellants. He had worked on the family farm full-time for some 33 years, until his relationship with his parents deteriorated. The respondent then brought proceedings against the appellants seeking a declaration of his entitlement to a beneficial interest in the farm on the basis of an alleged proprietary estoppel. At first instance, the court found in his favour, concluding that the first appellant had consistently and over time led the respondent to believe that he would inherit a sufficient sta...

Walden v Atkins [2013] EWHC 1387 (Ch)

Wills & Trusts Law Reports | October 2013 #133

In 1971 Michael Walden purchased a property from his grandmother and as part of the agreement she could live in the property for life.

In 1975 he verbally agreed to sell the property to his uncles Dennis and Maurice Walden for £15,000, with £8,000 of the purchase price left outstanding as an interest free loan repayable on the second of Dennis and Maurice to die. This was less than half the property’s actual value. Dennis and Maurice agreed that on their death the house would revert to Michael or his children if he had already died and in the meantime he would pay for all maintena...

Suggitt v Suggitt & anr [2012] EWCA Civ 1140

Wills & Trusts Law Reports | November 2012 #124

Frank Edward Suggitt (Frank) died on 25 October 2009 leaving his entire estate (400 acres of farmland and several house) to his daughter Caroline. John, Frank’s son, was left nothing. Frank’s will, executed in 1997, expressed the wish (without creating a trust) that if at any time, in the opinion of Caroline, John showed himself capable of working and managing the farmland, that Caroline would transfer it to John.

The Suggitts had farmed in North Yorkshire for many generations. John was the youngest and only son. He had attended agricultural college at Frank’s expense, but left be...