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15 July 2016 / Henrietta Mason , Paola Fudakowska
Issue: 7707 / Categories: Features , Wills & Probate
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Willing & able

Paola Fudakowska & Henrietta Mason examine recent wills & probate decisions

  • Davies and another v Davies : an appeal of a proprietary estoppel decision.
  • Hamilton v Hamilton : High Court considers the question of whether assets held in a Liechtenstein Foundation in fact formed part of the deceased’s estate such as to be distributed under the terms of his will.

Davies and another v Davies [2016] EWCA Civ 463, [2016] All ER (D) 09 (Jun), deals with an appeal of a proprietary estoppel decision. The claimant (C) worked intermittently on her parents’ dairy farm throughout her adult life. She did so for little or no pay, working long and anti-social hours and giving up a well-paid career. C did so on the expectation that she would inherit all or part of farm and/or farm business. Her parents made various promises to this effect throughout the period 1985 to 2008.

C made a successful claim based on proprietary estoppel, although the court at first instance rejected her claim for the whole farm but awarded her £1.3m. C’s parents appealed the level of the financial

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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