Michael Tringham recounts how a £3m estate dispute racked up £400,000 in costs…
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So after three court hearings and estimated £400,000 legal costs, Thorner v Major and Others ([2009] All ER (D) 257 (Mar)) is finally settled. (Or is it? See below.) The case involves a Somerset farming family, some of whose members had not spoken to each other for many years.
David's father and Peter were first cousins. David, who never married, helped Peter at Steart Farm, Cheddar for almost 30 years, without remuneration. By 1997 will Peter left the residue of his estate to David, including his farm—but destroyed that will in order to remove one of the pecuniary legacies. After his death in November 2005 no will was found.
In accordance with the Intestacy Rules Peter's estate would then have devolved to his blood relatives. Except that David claimed to have the benefit of a proprietary estoppel against Peter and his estate, on the basis that over 15 years or more he acted to his considerable detriment in reliance on an expectation repeatedly
