References: [2004] EWCA Civ 987, [2004] WTLR 1183.
Links: Bailii
Coram: Lord Justice Mummery, Lord Justice Waller Lord Justice Jonathan Parker
Ratio: The deceased had in 1976 made a promise to the claimant. The promise was not honoured in the will, and the claimant asserted a proprietary estoppel.
Held: The judge was right to have found that the promise was bound up with the claimant being a partner in part of the farm. That partnership had later foundered. The earlier assurance was not irrevocable, and no estoppel arose.
Jurisdiction: England and Wales
This case cites:
- 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 – Ramsden v Dyson HL ([1866] LR 1 HL 129, [1866] 12 Jur NS 506)
The Vice-Chancellor had held that two tenants of Sir John Ramsden, the owner of a large estate near Huddersfield, were entitled to long leases of plots on the estate. They ostensibly held the plots as tenants at will only, but they had spent their . . - 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 . .
(This list may be incomplete)
This case is cited by:
- Cited – Thorner v Curtis and others ChD (Bailii, [2007] EWHC 2422 (Ch))
The claimant said that the deceased, his father and a farmer, had made representations to him over many years that if the claimant continued to work on the farm, he would leave the farm to him in his will. He died intestate. He claimed a proprietary . . - 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: . . - Cited – Thorner v Major and others HL (Bailii, [2009] UKHL 18, Times, HL, [2009] 13 EG 142, [2009] WTLR 71, [2009] Fam Law 583, [2009] 2 FLR 405, [2009] 1 WLR 776)
The deceased had made a will including a gift to the claimant, but had then revoked the will. The claimant asserted that an estoppel had been created in his favour over a farm, and that the defendant administrators of the promisor’s estate held it . . - Cited – Gill v Woodall and Others ChD (Bailii, [2009] EWHC B34 (Ch), [2009] EWHC 834 (Ch))
The claimant challenged her late mother’s will which had left the entire estate to a charity. She asserted lack of knowledge and approval and coercion, and also an estoppel. The will included a note explaining that no gift had been made because she . .
(This list may be incomplete)
Last Update: 10 April 2019
Ref: 199572
The post Uglow v Uglow and others: CA 27 Jul 2004 appeared first on swarb.co.uk.