header-logo header-logo

02 June 2011 / Michael Tringham
Issue: 7468 / Categories: Features , Wills & Probate
printer mail-detail

The generation game rolls on

Michael Tringham observes some recent judgments of Solomon

IN BRIEF

  • Son (partly) wins proprietary estoppel.
  • Wife adopts ex-husband to defeat “unfair” trust.
  • Mothers v fathers: court creates disabled children’s wills.

Disappointed with his only son John, Frank Suggitt left his £4m Yorkshire estate to his second daughter Caroline—but with this conditional promise in his will: “I express the wish (without imposing a trust) that if at any time my son shall in the absolute opinion of Caroline show himself capable of working on and managing my farmland that she shall transfer my farmland to him.”

The consequence: a double claim in Leeds High Court—for proprietary estoppel by John and for family provision under the Inheritance Act 1975 by his partner and mother of his children. John’s litigation was supported by his two other sisters. His Honour Judge Roger Kay QC commented: “The great sadness of this case is that both sides of the family became deeply entrenched and unable to reach a sensible compromise.”

Judge Kaye observed (In the matter

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
A deputy costs judge correctly exercised his discretion to allow late service rather than strike out the point of dispute, the Court of Appeal has held
Prince Harry, Baroness Doreen Lawrence and five others have lost their case against the publisher of the Daily Mail, Mail on Sunday and MailOnline, in Various Claimants v Associated Newspapers [2026] EWHC 1637 (KB)
Public confidence in the justice system is being undermined by a lack of accessible, useable data, magistrates have warned
The Sentencing Council has launched draft guidelines for facilitation and endangering another person during a sea crossing to the UK
Government proposals to make independent written legal advice a prerequisite for workplace non-disclosure agreements (NDAs) may prove unworkable, according to a senior employment lawyer
back-to-top-scroll