Proprietary Estoppel: What counts as a promise?
As every student or practitioner knows there are three elements to proprietary estoppel, as confirmed in Thorner v Major [2009] 1WLR 776, namely; A representation or assurance made to the [...]
Is 2018 the year of proprietary estoppel?
In the leading modern decision of Thorner v Major [2009] UKHL 18, Lord Walker commented that claims to an interest in land based on proprietary estoppel were “fairly rare”. However, the first [...]
Proprietary Estoppel and Testamentary Capacity
Two separate claims were examined: a proprietary estoppel claim and a claim that the testator’s Will was invalid due to lack of testamentary capacity. They were made by the testator’s only son [...]
The case of a Will Trust, a Public House and proprietary estoppel
The Claimants in this case were the trustees of a will trust, in which capacity they were the freehold owners of the Albert Arms Public House (the ‘Property’). There were three Defendants: one of [...]
How and when a proprietary estoppel might arise in relation to a trust
Ongoing litigation between discretionary beneficiaries under, and the trustees of, two separate trusts has given rise to consideration of significant issues concerning how and when a proprietary [...]
Proprietary Estoppel – Bradbury v Taylor [2012] EWCA Civ 1208
In this appeal the executors tried to argue that there had not been sufficient representations made by the deceased, nor had the defendants acted to their detriment on reliance of those [...]
A tale of everyday farming folk & estoppel
An interesting case on the power of estoppel and its effect on an estate where other family members were pursuing family provision claims is the case of Suggitt v Suggitt [2011] EWHC 903 (Ch).
Inheritance by Proprietary Estoppel
The impact of the decision of the House of Lords in Thorner v Major and others [2009] UKHL 18, [2009] 1 WLR 776
