Wright v Waters and Another: ChD 6 Nov 2014

The claimant sought provision from her late mother’s estate under the 1975 Act, and asserting a proprietary estoppel. The mother had transferred andpound;10,000 to the daughter several years before. The mother had said it was to be invested on her behalf, and he claimant said it had been a gift. On falling out, the claimant was said to have disowned the mother. The mother had left a letter explaining her refusal to disinherit her daugter.
Held: The claimant was an unreliable witness. Money had not been given to the claimant, but was to have been held in trust. Though it apeared that she had worked more extensively for her mother without payment, the clim n proprietary estoppel failed also: ‘I am not satisfied that there were sufficiently clear representations that were relied on by Patricia Wright. Equally I am not satisfied that mention of inheritance by Harold Waters was intended to be taken seriously or was one that might reasonably have been expected to have been relied on by Patricia Wright. ‘

Behrens HHJ
[2014] EWHC 3614 (Ch)
Inheritance (Provision for Family and Dependants) Act
England and Wales
CitedIn Re Coventry (deceased) CA 3-Jan-1979
The deceased’s adult son sought provision from the intestate estate. The sole beneficiary under the rules was the plaintiff’s mother. The estate was modest; the intestate’s interest in his house (he had been living there with the plaintiff). The . .
CitedEspinosa v Bourke CA 1999
The claimant was the adult daughter of the deceased. She had been expressly excluded by the deceased from a share in his estate. The claimant had bought a business with the aid of a loan secured by a mortgage. At first instance, Johnson J, dismissed . .
CitedIlott v Mitson and Others CA 31-Mar-2011
The claimant, the estranged adult daughter of the deceased, had claimed under the 1975 Act. The judge made an order for payment of andpound;50,000 by way of capitalisation of maintenance. The claimant appealed saying she should have received more, . .
CitedRe Pearce, Deceased, Pearce v Pearce CA 25-Jun-1998
The claimant, the adult son of the deceased sought provision from the estate. He said that he had taken a substantial part in the refurbishment of a family property. Later his parents had separated. At first instance Behrens J had held there was a . .
CitedThorner v Major and others HL 25-Mar-2009
The deceased had made a will including a gift to the claimant, but had then revoked the will. The claimant asserted that an estoppel had been created in his favour over a farm, and that the defendant administrators of the promisor’s estate held it . .

Lists of cited by and citing cases may be incomplete.

Wills and Probate, Estoppel

Updated: 09 November 2021; Ref: scu.538687