Wills & Trusts Law Reports | Autumn 2021 #184The 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 ...
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 …
Continue reading "Proprietary estoppel: Widening the net"
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Wills & Trusts Law Reports | Summer 2021 #183In 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 ...
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 …
Continue reading "Proprietary estoppel: Crossing the line"
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Wills & Trusts Law Reports | Spring 2021 #182In 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 & Trusts Law Reports | Web OnlyThe 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...
