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Proprietary Estoppel and Wills

Published online by Cambridge University Press:  01 March 1999

Patrick Milne
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Extract

When is a promise to benefit someone on one's death an enforceable promise? This was the question for the High Court in Gillett v. Holt and Another [1998] 3 All E.R. 917. As Carnwath J. recognised, the difficulty lies in reconciling proprietary estoppel with the principle that “[s]ubject to specific exceptions (such as for dependants), the right to decide, and change one's mind as to, the devolution of one's estate is a basic and well understood feature of English law”.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 58 , Issue 1 , March 1999 , pp. 25 - 27
Copyright
Copyright © The Cambridge Law Journal and Contributors, 1999

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