Proprietary estoppel and inheritance: Enough is enough?

Abstract

In recent years, as illustrated by Thorner v Major (2009) UKHL 18, the law of proprietary estoppel has become more favourable to claimants in the inheritance context. Focusing on two recent English Court of Appeal decisions, Suggitt v Suggitt (2012) EWCA Civ 1140 and Bradbury v Taylor (2012) EWCA Civ 1208, this article questions whether the courts are being too generous – both in terms of the type of representation that can form the basis of a claim and in terms of the extent of the remedy afforded to a successful claimant. The article also reflects on the role of the appellate courts in cases of this nature