Introduction
Testamentary capacity.
Testamentary capacity.
ASSOCIATED CASES
CASES
October 19, 2025
Scott v Scott and Others [2025] EWHC 2796 (Ch)
Wills & Trusts
1.Proprietary Estoppel (PE) For a claim in PE to succeed, Richard must have made a clear promise to Adam on which Adam reasonably relied to his detriment [187]. As an equitable remedy, it must also be considered unconscionable for Richard to resile from that promise [189]. In 1985, Richard promised to “set [Adam] up in…
CASES
June 1, 2024
Winter v. Winter [2024] 2 FLR 1065; [2025] 2 P&CR 2; [2024] WTLR 1559
Wills & Trusts
One of the leading cases on the meaning of detriment in a proprietary estoppel claim. The Court of Appeal confirmed that any non-financial disadvantage had to be weighed against financial benefit, even where the non-financial disadvantage was not susceptible to quantification; and that where a claimant had devoted his working life to a particular course…