Winter v Winter [2023] EWHC 2393 (Ch)
Date: 6 December 2023
Barrister/s: Alex Troup KC
Area/s of law: Wills & Trusts, Administration of Estates, Agriculture & Rural Affairs
Date: 6 December 2023
Barrister/s: Alex Troup KC
Area/s of law: Wills & Trusts, Administration of Estates, Agriculture & Rural Affairs
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Alex Troup KC was instructed by Ashfords LLP to act for the defendants in defending a claim against the assets and estate of a deceased farmer. The estate being worth several million.
The claim was based on the doctrine of mutual wills, proprietary estoppel and to enforce an option contained in a partnership agreement. During a 4-day trial before Zacaroli J all the claims were dismissed save for the proprietary estoppel claim, and that aspect of the claim is now under appeal.
The case raises the question whether and if so how the Supreme Court’s recent remedy decision in Guest v Guest [2022] 3 WLR 911, applies to detrimental reliance in proprietary estoppel claims. This case and its appeal will help to clarify the law in this area.
For a detailed summary about the case, please go to the Lexis Nexis website here.