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 [...]
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 [...]
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 [...]
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 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 [...]
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 [...]
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 [...]
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).
The impact of the decision of the House of Lords in Thorner v Major and others [2009] UKHL 18, [2009] 1 WLR 776
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