R. (J.), A Ward of Court, Re [1992] IEHC 1; [1993] ILRM 657 (2nd October, 1992)

R. (J.), A Ward of Court, Re [1992] IEHC 1; [1993] ILRM 657 (2nd October, 1992)

The respondent established an equity by acting to her detriment in reliance on the ward's representation that she would have a home for life; this entitles her to reside in the property for as long as she wishes. However, due to the dilapidated state of the house and the ward's limited resources, the equity is to be satisfied by selling the house and purchasing a suitable alternative dwelling in the ward's name, with the respondent having a right to reside there for life.

Citation
[1992] IEHC 1
Parties
Ward: J. R.; Committee of the Ward: General Solicitor; Respondent: [Respondent's name not provided]
Jurisdiction
Ireland
Procedural Posture
Wardship Motion / Motion for Order for Sale of Property
Outcome
Order granted with conditions
Legal Topics
Promissory Estoppel, Proprietary Estoppel, Constructive Trusts, Wardship, Rights of Cohabitees
Equity Property Law Trusts and Estates Promissory Estoppel Proprietary Estoppel Constructive Trusts Wardship Rights of Cohabitees

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Parties

J. R.

Ward

General Solicitor

Committee of the Ward

[Respondent's name not provided]

Respondent

Procedural Posture

Wardship Motion / Motion for Order for Sale of Property

Legal Issues

  1. 1 Whether the respondent has a legal or equitable right to reside in the ward's dwellinghouse
  2. 2 Whether the property should be sold and under what conditions

Ratio Decidendi

The respondent established an equity by acting to her detriment in reliance on the ward's representation that she would have a home for life; this entitles her to reside in the property for as long as she wishes. However, due to the dilapidated state of the house and the ward's limited resources, the equity is to be satisfied by selling the house and purchasing a suitable alternative dwelling in the ward's name, with the respondent having a right to reside there for life.

Court Disposition

Order granted with conditions

Orders

  • The premises are to be sold, provided suitable alternative accommodation is made available to the respondent in a dwelling purchased in the ward’s name.
  • The respondent is declared to have a right to live in the newly acquired dwelling for as long as she may wish.