Probate – Page 6 – Charles Cooper

Archibald (Dec’d) & Anor v. Stuart [2023] EWHC 2515 (Ch)

A claim by a child under the 1975 Act does not survive his or her death, and a usual relationship between parents and daughter/son-in-law does not give standing to the surviving spouse to bring a claim under s.1(1)(d) of the Act: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2515
Read more: Archibald (Dec’d) & Anor v. Stuart [2023] EWHC 2515 (Ch)
Vasami & Anor v. Hack [2023] EWHC 2431 (Ch)

No detrimental reliance and no proprietary estoppel where ‘paid a wage, had free occupation of the farmhouse… with bills paid, and could and did undertake other paid employment’: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2431
Read more: Vasami & Anor v. Hack [2023] EWHC 2431 (Ch)
Winter & Anor v. Winter [2023] EWHC 2393 (Ch)

The benefit of a share in the partnership and shares in the family company worth £2million does not outweigh the detriment of ‘working very hard for most of their working lives for little reward in terms of pay’ in a claim for proprietary estoppel: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2393
Read more: Winter & Anor v. Winter [2023] EWHC 2393 (Ch)

Charles Cooper | Barrister