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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll