References: [2003] EWCA Civ 1176, [2003] WTLR 1253
Links: Bailii
Ratio: The deceased left his estate within a discretionary trust. The claimant sought to assert an interest in it, claiming an estoppel and, under the 1975 Act, as his partner. They had lived together for four years. She had been dependent upon him financially, and had suffered violence.
Held: Once a proprietary estoppel has been established, the remedy should be no more than is necessary to protect against unconscionable conduct. The judge was entitled to find the establishment of the estoppel, and that no claim was available under the 1975 Act.
Statutes: Inheritance (Provision for Family and Dependants) Act 1975
Jurisdiction: England and Wales
This case cites:
- Cited – Gillett v Holt and Another CA (Times 17-Mar-00, Gazette 23-Mar-00, Bailii, [2000] EWCA Civ 66, [2001] Ch 210, [2000] 2 All ER 289, [2000] 2 WTLR 195, [2000] Fam Law 714, [2000] 1 FCR 705, [2000] 3 WLR 815, [2000] 2 FLR 266)
Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . . - Cited – Jennings v Rice, Wilson, Marsh, Norris, Norris, and Reed CA (Bailii, [2002] EWCA Civ 159, [2003] 1 P and CR 100, [2003] 1 FCR 501)
The claimant asserted a proprietary estoppel against the respondents. He had worked for the deceased over many years, for little payment, and doing more and more for her. Though he still worked full time at first, he came to spend nights at the . . - Cited – Wayling v Jones CA (Gazette 02-Aug-93, [1993] 69 PandCR 170)
The plaintiff and defendant were in a homosexual reationship. The plaintiff worked for the defendant for nominal expenses against his repeated promise to leave the business to him in his will. A will was made to that effect, but the defendant sold . . - Cited – Eves v Eves CA ([1975] 1 WLR 1338, Bailii, [1975] 3 All ER 768, [1975] EWCA Civ 3)
The couple were unmarried. The female partner had been led by the male partner to believe, when they set up home together, that the property would belong to them jointly. He had had told her that the only reason why the property was to be acquired . . - Cited – In re Basham dec’d; Basham v Basham ([1986] 1 WLR 1498, [1987] 1 All ER 405)
The claimant and her husband had helped her mother and her stepfather throughout the claimant’s adult life. She received no remuneration but understood that she would inherit her stepfather’s property when he died. After her mother’s death and until . .
(This list may be incomplete)
This case is cited by:
- Cited – Yeoman’s Row Management Ltd and Another v Cobbe HL (Bailii, [2008] UKHL 55, Times, [2008] 35 EG 142, [2008] 31 EG 88, [2008] WTLR 1461, [2008] 1 WLR 1752, HL)
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal.
Held: The appeal succeeded in part. The finding . . - Cited – Thorner v Major and others CA ((2008-09) 11 ITELR 344, [2008] 2 FCR 435, Bailii, [2008] EWCA Civ 732, [2008] WTLR 1289, [2009] 3 All ER 945)
The deceased had written a will, revoked it but then not made another. The claimant had worked for the deceased understanding that property would be left to him, and now claimed that the estate property was held under a trust for him.
Held: . .
(This list may be incomplete)
Last Update: 17 November 2018
Ref: 186398
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