Thorner v Major & Ors [2008] EWCA Civ 732 (02 July 2008)

Thorner v Major & Ors [2008] EWCA Civ 732 (02 July 2008)

A proprietary estoppel claim to inheritance requires a clear and unequivocal assurance, whether by words or conduct, intended to be relied upon, and actual detrimental reliance. On the facts, the Court of Appeal found that the judge erred in holding that the conduct and statements amounted to a sufficient assurance to found proprietary estoppel. The appeal was allowed and the proprietary estoppel claim failed.

Citation
[2008] EWCA Civ 732
Parties
Claimant/respondent: David Thorner; Defendant/appellant: Ena Joyce Major; Defendant/appellant: Winifred Curtis; Defendant/appellant: Lesley Dawn Heusen
Jurisdiction
England and Wales
Judgment Date
02 July 2008
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed; proprietary estoppel claim dismissed.
Legal Topics
Proprietary Estoppel, Intestacy, Inheritance, Assurances and Reliance, Unconscionability
Equity Property Law Wills and Probate Proprietary Estoppel Intestacy Inheritance Assurances and Reliance Unconscionability

Case Brief

Summary, issues, holding and outcome

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Parties

David Thorner

Claimant/respondent

Ena Joyce Major

Defendant/appellant

Winifred Curtis

Defendant/appellant

Lesley Dawn Heusen

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether proprietary estoppel can arise from conduct or implied assurance regarding inheritance of property
  2. 2 Whether the facts established a clear and unequivocal assurance intended to be relied upon by the claimant
  3. 3 Whether the claimant's reliance and detriment were sufficient to satisfy the equity

Ratio Decidendi

A proprietary estoppel claim to inheritance requires a clear and unequivocal assurance, whether by words or conduct, intended to be relied upon, and actual detrimental reliance. On the facts, the Court of Appeal found that the judge erred in holding that the conduct and statements amounted to a sufficient assurance to found proprietary estoppel. The appeal was allowed and the proprietary estoppel claim failed.

Court Disposition

Appeal allowed; proprietary estoppel claim dismissed.

Orders

  • Order of the High Court set aside.
  • Claim for proprietary estoppel dismissed.