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
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