Thompson v Thompson

Thompson v Thompson

The court found that clear and repeated promises and assurances were made by both parents to the claimant that he would inherit the farm and bungalow. The claimant reasonably relied on these assurances to his detriment by devoting his life to the farm at low wages and forgoing other opportunities. It would be unconscionable for the defendant to deny the claimant the farm. The equity is to be satisfied by granting the claimant the farm and bungalow on the defendant's death, with the defendant retaining a life interest.

Parties
Claimant: Gilbert Oliver Thompson; Defendant: Doreen Thompson
Jurisdiction
England and Wales
Judgment Date
01 June 2018
Procedural Posture
Civil (family Inheritance Dispute) / Judgment After Trial of Preliminary Issues
Outcome
Judgment for the claimant on proprietary estoppel; claimant entitled to farm and bungalow on defendant's death, subject to defendant's life interest. Final orders and partnership matters reserved for further hearing.
Legal Topics
Proprietary Estoppel, Family Inheritance, Partnership Dissolution, Constructive Trusts
Equity Property Law Trusts and Estates Proprietary Estoppel Family Inheritance Partnership Dissolution Constructive Trusts

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Parties

Gilbert Oliver Thompson

Claimant

Doreen Thompson

Defendant

Procedural Posture

Civil (family Inheritance Dispute) / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether proprietary estoppel operates in favour of the claimant to give him an interest in the family farm and bungalow beyond his partnership share
  2. 2 Whether representations, promises or assurances were made to the claimant regarding inheritance of the farm
  3. 3 Whether the claimant reasonably relied on such representations to his detriment

Ratio Decidendi

The court found that clear and repeated promises and assurances were made by both parents to the claimant that he would inherit the farm and bungalow. The claimant reasonably relied on these assurances to his detriment by devoting his life to the farm at low wages and forgoing other opportunities. It would be unconscionable for the defendant to deny the claimant the farm. The equity is to be satisfied by granting the claimant the farm and bungalow on the defendant's death, with the defendant retaining a life interest.

Court Disposition

Judgment for the claimant on proprietary estoppel; claimant entitled to farm and bungalow on defendant's death, subject to defendant's life interest. Final orders and partnership matters reserved for further hearing.

Orders

  • Further hearing to determine specific form of relief and partnership matters
  • Claimant to serve draft order; parties to attempt agreement on form of order