Continue reading "Proprietary Estoppel: Considering detriment"
Anaghara v Anaghara & ors WTLR(w) 2021-01
Wills & Trusts Law Reports | Web OnlyThe 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 ...
Proprietary Estoppel: One day all this will be yours
Continue reading "Proprietary Estoppel: One day all this will be yours"
Southwell v Blackburn [2014] EWCA Civ 1347
Wills & Trusts Law Reports | January/February 2015 #146In 2002, the appellant and the respondent set up home together in a house in Droitwich. They remained unmarried. The property was purchased in the appellant’s sole name with his money alone, and he took on sole responsibility for the mortgage. On the breakdown of their relationship, the respondent claimed that the appellant held the property was held by him on constructive trust for both parties in equal shares. That claim failed before His Honour Judge Pearce-Higgins QC, but her alternative proprietary estoppel claim succeeded. The respondent was awarded £28,500 in satisfaction of the e...