Wright v Waters & Anor
Patricia Wright's conduct, including estrangement and refusal to return £10,000 invested on behalf of her mother, outweighs any factors in her favour; the will's exclusion of her was objectively reasonable. The proprietary estoppel claim fails due to lack of sufficiently clear representations, reasonable reliance, and substantial detriment.
- Parties
- Claimant: Patricia Mary Wright; Defendant: David Ian Waters; Defendant: Susan Maria Waters
- Jurisdiction
- England and Wales
- Judgment Date
- 06 November 2014
- Procedural Posture
- Inheritance (provision for Family and Dependants) Act 1975 Claim and Proprietary Estoppel / Judgment After Trial
- Outcome
- Claim dismissed
- Legal Topics
- Inheritance Act Claims, Proprietary Estoppel, Testamentary Freedom, Moral Obligation, Maintenance Provision
Case Brief
Summary, issues, holding and outcome
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Parties
Patricia Mary Wright
Claimant
David Ian Waters
Defendant
Susan Maria Waters
Defendant
Procedural Posture
Inheritance (provision for Family and Dependants) Act 1975 Claim and Proprietary Estoppel / Judgment After Trial
Legal Issues
- 1 Whether Patricia Wright is entitled to provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975
- 2 Whether Patricia Wright has a valid claim based on proprietary estoppel
Ratio Decidendi
Patricia Wright's conduct, including estrangement and refusal to return £10,000 invested on behalf of her mother, outweighs any factors in her favour; the will's exclusion of her was objectively reasonable. The proprietary estoppel claim fails due to lack of sufficiently clear representations, reasonable reliance, and substantial detriment.
Court Disposition
Claim dismissed
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