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Charlotte Kahrman, a Solicitor in the Contentious Probate Team at Wright Hassall, examines three recent cases where proprietary estoppel was considered.
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Court cases involving family trusts might be presumed to be rather dry. Not so. Many family-related disputes involve an unavoidable amount of dirty linen being washed in public as each side seeks to gain the advantage. In Marcus v Marcus, a new level of intimate detail was revealed as the court had to consider if the alleged illegitimacy one of the parties precluded them from benefiting from a Settlement Trust.
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As a general rule, proprietary estoppel claims normally arise after the death of someone who has made a promise to another - only for the latter to discover that the former had reneged on their promise and that, against expectations, they do not stand to inherit the property as promised. The case of Guest v Guest is however, an example of a proprietary estoppel claim being brought by the son against his parents while they were still alive.
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The term ‘blended’ family describes a potentially complicated familial structure resulting from the ‘blending’ of two families following remarriage. For obvious reasons, those who have remarried will be concentrating their efforts on helping their children adjust to having a stepparent and step-siblings – and sometimes a new house and new school. What parents who remarry often overlook is the need to review what happens after they die to those assets they brought to their new marriage, and the consequences of not taking action.
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This case relates to an estate which comprises of a farmhouse, cottage, land, helicopter and two companies renting out various properties (value £4 million).
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On 26 July 2023, Judgment was handed down by His Honour Judge Hodge KC on the re-trial of the case of Rea v Rea [2023] EWHC 1901 (Ch). This is an interesting case being a rare example of a successful validity claim on the grounds of undue influence. What can we learn from this decision?
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I acted for the beneficiary of a trust who was concerned that trust assets to which he was entitled had been maladministered.
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The period following the death of a family member is understandably emotional and tensions can be stoked by perceptions of unfair treatment even when the instructions set out in a will are being followed to the letter.
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