Guest & anr v Guest [2023] WTLR 431

Wills & Trusts Law Reports | Summer 2023 #191

A father made repeated promises to his son that he would inherit an undefined part of a farm, sufficient to enable him to operate a viable farming business on it, after the death of his parents. Relying on that promise, the son spent the best part of his working life on the farm, working at very low wages and accommodated in a farm cottage. After a deterioration in the relationship between the father and son, it proved no longer possible for the two to work together, and the son therefore moved out, and the father cut him out of his will.

The son claimed an interest in the farm as...

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...

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...

James v James & ors [2018] WTLR 1313

Wills & Trusts Law Reports | Winter 2018 #170

The deceased was a self-made man who had operated a farming business and a haulage company in partnership with his wife (the third defendant) and his son (the claimant). Over the course of his life, he purchased a number of parcels of agricultural land in Dorset. In 2007 he gave two of these parcels to one of his daughters (the first defendant). In 2009 the partnership dissolved, and the deceased transferred one of the parcels to himself and the third defendant to hold jointly. At the same time the claimant was given one of the parcels and the haulage business.

The deceased died i...

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...