Hughes v Pritchard & ors [2021] WTLR 893

Wills & Trusts Law Reports | Autumn 2021 #184

The deceased (E) died in March 2017 aged 84. The deceased’s last will was executed in July 2016 with the assistance of solicitors and after a capacity assessment was obtained from his GP. At the time of making his will, the deceased was suffering from moderately severe dementia and was grieving from the death of his eldest son (S) who had taken his own life in September 2015. The will changed the provisions of an earlier will in favour of the claimant (C), also a son of E, inter alia, leaving 58 acres of farmland to C.

The defendants were the sister, widow and eldest son ...

Sangha v Sangha & ors WTLR(w) 2021-12

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Proprietary estoppel: Widening the net

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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Howe & anr v Gossop & anr [2021] WTLR 539

Wills & Trusts Law Reports | Summer 2021 #183

In 2011 the appellants sold a building to the respondents for use as a dwelling-house. In 2012, the respondents proposed that the appellants transfer the Green Land and Grey Land in return for the waiver of a debt. The respondents prepared the Green Land for use as a garden until relations broke down and the appellants sued for possession of the Green Land and the Grey Land. At first instance the judge found that the parties had made an oral agreement in 2012, and that although the provisions of s2 of the Law of Property (Miscellaneous Provisions) Act 1989 has not been ...

Proprietary estoppel: Crossing the line

Andrew Vinson assesses how proprietary estoppel relates to oral contracts In all cases, the inquiry in relation to a potential proprietary estoppel is concerned with the overall result of the parties’ dealings. What is the position in which the parties would be if the court did not intervene? Proprietary estoppel is a fertile ground for …
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Oberman v Collins & anr [2021] WTLR 267

Wills & Trusts Law Reports | Spring 2021 #182

In consolidated proceedings, the claimant sought a declaration that she was beneficially entitled to 50% of 41 properties on the basis of a common intention constructive trust, a partnership or proprietary estoppel. The claimant also sought relief under ss994 and 996 of the Companies Act 2006 on the grounds of unfair prejudice.

The claimant and the first defendant were in a relationship between 1995 and 2015, moving in together in 1996, and having two children. The second defendant was incorporated on 16 September 1996: 51 shares were issued to the first defendant and two shares w...

Wills & anr v Sowray WTLR(w) 2021-07

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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...

Culliford & anr v Thorpe [2020] WTLR 1205

Wills & Trusts Law Reports | Winter 2020 #181

The deceased purchased a property in Weston-super-Mare (the Weston property) in his sole name in 2002 with the aid of a mortgage loan. He met the defendant in early 2010 and by the end of the year the defendant had moved into the Weston property with the deceased and it became his main residence. The defendant undertook repair and decoration jobs around the property, including repairing the boiler and decorating the main bedroom, and undertook work for others in return for work on the property by them. The general outgoings for the property and for the lifestyle of the deceased and the d...

Anaghara v Anaghara & ors WTLR(w) 2021-01

Wills & Trusts Law Reports | Web Only

The 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 ...