| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 572 (Jul) |
| Neutral Citation: | [2004] EWHC 1900 (Ch) |
| Court: | Chancery Division |
| Judge: | Richard Sheldon QC sitting as a deputy judge of the High Court |
| Representation | Edward Bragiel (instructed by Wills Chandler Beach) for the claimant. |
| Michael Jefferis (instructed by Potter Owtram & Peck) for the defendants. | |
| Judgment Dates: | 30 July 2004 |
Catchwords
Estoppel - Proprietary estoppel - Promised legacy in will - Detrimental reliance - Unconscionability of conduct of deceased.
The Case
In proceedings by which the claimant sought to establish the existence of an estoppel in equity, the court held that, on the evidence, assurances capable of founding an estoppel were made by the deceased and had been relied on by the claimant to his detriment but that, looking at the matter in the round, the conduct of the deceased in disregarding those assurances was not, in all the circumstances, unconscionable.
Practice Areas
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