Continue reading "Proprietary estoppel: What to expect"
Morley v Morley & anr [2023] WTLR 299
Wills & Trusts Law Reports | Spring 2023 #190In 2007, the claimant gave her father (Ray) a sum of £150,000. The payment was a contribution towards a house (the property) that Ray intended to purchase with his wife, the first defendant.
The claimant alleged an agreement by which, in exchange for the payment of £150,000, Ray would leave his half-share of the property to the claimant and her brother.
The purchase of the property was completed using a TP1 transfer form. The form was signed by the third-party transferor and the box was ticked providing for the transferees, Ray and the first defendant, to hold the property ...
Proprietary estoppel remedies: Expectation and acceleration
Continue reading "Proprietary estoppel remedies: Expectation and acceleration"
Proprietary estoppel: Satisfying the equity
Continue reading "Proprietary estoppel: Satisfying the equity"
Hughes v Pritchard & ors [2021] WTLR 893
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 ...
Oberman v Collins & anr [2021] WTLR 267
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...
Guest & anr v Guest WTLR(w) 2021-05
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...
Culliford & anr v Thorpe [2020] WTLR 1205
Wills & Trusts Law Reports | Winter 2020 #181The 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...