Source: All England Reporter
Publisher Citation: [2013] All ER (D) 37 (Jun)
Neutral Citation: [2013] EWHC 1410 (Ch)
Court: Chancery Division
Judge:

Mr Justice Morgan

Representation Richard Wallington (instructed by Roach Pittis Solicitors, Newport, Isle of Wight) for the claimants.
  The defendants appeared in person.
Judgment Dates: 24 May 2013

Catchwords

Will - Construction - Intention of testator - Testators being mother and father of defendant adult children - Testators creating separate wills regarding farming business and associated land and properties - Sixth defendant son carrying on work on farm - Sixth defendant submitting father making promise of farming business to him upon death - Sixth defendant seeking a number of interests in land and property - Determination of effects of wills of testators - Whether sixth defendant qualifying to receive gift under father's will - Whether sixth defendant establishing security of tenure - Whether sixth defendant establishing proprietary estoppel - .

The Case

Will Construction. The Chancery Division determined a number of issues arising out of the wills of the mother and father of the defendants. The sixth defendant had sought to establish rights to various property owned by the parents before their deaths by reason of his occupation and management of farmland and by promises said to have been made by the father in regard to some of the land.

Practice Areas

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