Charles Cooper | Barrister & Mediator

Category: Probate

Spencer v. Estate of J M Spencer [2023] EWHC 2050 (Ch)

Recollections of promises are sufficient to establish proprietary estoppel; and where there is reliance, the benefits of remaining and working on a farm do not preclude detriment – ‘the detriment is in the giving up of an opportunity to take a different course in life’: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2050
Read more: Spencer v. Estate of J M Spencer [2023] EWHC 2050 (Ch)
Ramji v. Harvey & Ors [2023] EWHC 1664 (Ch)

Undue influence by wife resulting in lifetime transfer of property being set aside, and no constructive trust over second property described as “our house” or “our family house”: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/1664
Read more: Ramji v. Harvey & Ors [2023] EWHC 1664 (Ch)
Jones & Ors v. Jones [2023] EWHC 1457 (Ch)

Undue influence where 82 year old testatrix, ‘devastated by her daughter’s death’ and suffering from dementia, was ‘increasingly isolated… from other members of the family’ by the Defendant, the will prepared by a Chartered Accountant ‘without a further medical examination’: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/1457
Read more: Jones & Ors v. Jones [2023] EWHC 1457 (Ch)