Wills & Trusts Law Reports | Summer 2023 #191A 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...
Mark Pawlowski takes a critical look at the first in time rule as a means of resolving the problem of competing estoppel equities Where all are equally innocent, priority, as we have seen, is determined by the order at which the equities arose in time. But the position is different where the equities are not …
Continue reading "Competing equities: A thorny issue"
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