Proprietary estoppel and inheritance: Enough is enough?

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Date
2013-08
Authors
Mee, John
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Publisher
Sweet & Maxwell
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Abstract
In recent years, as illustrated by Thorner v Major (2009) UKHL 18, the law of proprietary estoppel has become more favourable to claimants in the inheritance context. Focusing on two recent English Court of Appeal decisions, Suggitt v Suggitt (2012) EWCA Civ 1140 and Bradbury v Taylor (2012) EWCA Civ 1208, this article questions whether the courts are being too generous – both in terms of the type of representation that can form the basis of a claim and in terms of the extent of the remedy afforded to a successful claimant. The article also reflects on the role of the appellate courts in cases of this nature.
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Keywords
Land law , Estoppel , Promises , Inheritance , Successsion law , Property , Appeal courts
Citation
Mee, J. (2013) 'Proprietary estoppel and inheritance: Enough is enough?', The Conveyancer and Property Lawyer, 77(4), pp. 280-297.
Link to publisher’s version
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2317414
URI
https://hdl.handle.net/10468/15622
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Law - Journal Articles
Copyright
© 2013, Sweet & Maxwell, part of Thomson Reuters. This is a pre-copyedited, author-produced version of an article accepted for publication in The Conveyancer and Property Lawyer following peer review. The definitive published version [Mee, J. (2013) 'Proprietary estoppel and inheritance: Enough is enough?', The Conveyancer and Property Lawyer, 77(4), pp. 280-297] is available online on Westlaw UK.