Thorner v Major & ors [2009] UKHL 18; [2009] WTLR 713 HL – Page 3

Proprietary estoppel: Reap what you sow?

In the second part of two articles Amanda Noyce continues to review recent proprietary estoppel cases, as well as outlining the lessons to be learned ‘Few High Court judges would want to divert openly from the case of Thorner, but my thesis is that the later cases have refined the law and an attempt needs …

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Proprietary estoppel: Where there’s muck there’s brass

In the first part of two articles Amanda Noyce discusses a series of recent proprietary estoppel claims concerning farms ‘There are six recently reported cases involving the concept of proprietary estoppel, where the principles emphasised (although not established) in Thorner have been honed.’ Proprietary estoppel appeals to those of us involved in Chancery work – …

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Proprietary estoppel: A principled approach to the facts

Gordon Nurse examines a case that indicates how proprietary estoppel cases are currently treated at trial ‘It is essential from the outset to give careful consideration to the facts that must be established, especially if a party is to be entitled to rely on proprietary estoppel.’ Smyth-Tyrrell v Bowden [2018] is an example of the …

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Smith-Tyrrell & anr v Bowden [2018] WTLR 987

Wills & Trusts Law Reports | Autumn 2018 #173

The claimants occupied land at Falmouth in Cornwall (the property) initially pursuant to a written agreement for the grant of a 15-year lease from 1 January 1993 at a rent of £400 per annum. The agreement was never signed by the defendant’s parents, who were then the freehold owners, with the result that it did not qualify as a valid agreement for the grant of a tenancy of 15 years, due to failure to comply with the requirements of s2 of the Law of Property (Miscellaneous Provisions) Act 1989. After the expiry of the 15-year period, the claimants continued to pay, and the defendant to ac...

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...

Legg v Burton [2017] WTLR 1017

Wills & Trusts Law Reports | Autumn 2017 #169

The testatrix had two daughters, the first and second claimants. In July 2000, the testatrix and her husband made wills in favour of the survivor, and subject to that, in favour of the claimants in equal shares.

The husband died in May 2001. Between 2001 and 2004, the testatrix made 13 further wills. These progressively favoured the defendants (who were two of the grandsons of the testatrix and the partner of one of them), at the expense of the claimants. The last of these wills was made on 12 December 2014, when she made a further will under which the claimants took a legacy of £...

Mutual Wills: Can a mirror will be changed?

John Dickinson assesses whether a proprietary estoppel solution can replace the need for a binding contract ‘Under the doctrine of mutual wills, there is a need for a legally binding contract as opposed to a mere moral obligation not to depart from the terms of the original will.’ HHJ Matthews, sitting as a judge of …

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Donationes Mortis Causa: Where there’s no will, there’s a way

Edward Cumming and Timothy Sherwin bring the doctrine of deathbed gifts up to date ‘It is in the very nature of a donatio mortis causa (DMC) that it is conditional on the donor’s eventual death, and that it is the donor’s death which perfects the gift.’ In this article, we consider donationes mortis causa (DMCs), …

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Matchmove v Dowding & anr [2016] EWCA Civ 1233

Wills & Trusts Law Reports | March 2017 #167

The appellant appealed a decision regarding the enforceability of an agreement to sell a piece of land through proprietary estoppel and constructive trust notwithstanding the absence of a written contract.

F, a property developer, was the moving spirit of the appellant (M). In 2002, F began negotiations with G for the purchase of a plot of land (the land) and a meadow (the meadow). F intended to divide the land into two plots. Plot 1 and plot 2 would be sold separately. G did not want to sell until he had planning permission, which was granted in 2003.

By late 2003, a ‘comm...

Proprietary Estoppel: Down on the farm

Rebecca Cattermole highlights the current position on the doctrine of estoppel in the context of recent case law ‘It was a useful working hypothesis to take a sliding scale by which the clearer the expectation, the greater the detriment.’ The case of Moore v Moore [2016] is the most recent illustration of the treatment of …

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