Re Basham (Deceased)

A stepdaughter who worked for her stepfather for many years without pay, in reliance on his assurance that she would inherit his property, was entitled to the estate by proprietary estoppel.

Citation
[1986] 1 WLR 1498
Court
High Court (Chancery Division)
Year
1986
Subject
Wills, Succession and Probate
Topic
Family provision, forfeiture and other claims against estates

Facts

The claimant's mother married the deceased when the claimant was a teenager. Over many years, the claimant and her husband worked for the deceased without pay, helping in his business and caring for him, on the understanding, encouraged by him, that she would inherit his property when he died. He died intestate, and his estate would have passed to his relatives under the intestacy rules. She claimed the estate on the basis of proprietary estoppel.

Legal principle

Edward Nugee QC, sitting as a deputy High Court judge, held that the claimant was entitled to the whole estate. He said that where one person, A, has acted to his detriment on the faith of a belief, which was known to and encouraged by another person, B, that he either has or is going to be given a right in or over B's property, B cannot insist on his strict legal rights if to do so would be inconsistent with A's belief. The principle could apply to a belief that A would inherit B's property, and was not confined to a specific asset. The approach was later approved in Gillett v Holt and Thorner v Major.

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