25th February, 2015

Lothian v Dixon and Webb. Richard Selwyn Sharpe successfully acts for Claimants awarded estate under doctrine of proprietary estoppel

Lothian v Dixon (2014) Ch D HH Judge Kaye QC

Richard Selwyn Sharpe acted for the successful claimants Mr and Mrs Lothian who were awarded the deceased's entire estate under the doctrine of proprietary estoppel. The deceased who had been diagnosed with terminal cancer asked Mrs Lothian to leave her home in Scotland and come down to her hotel in Scarborough to live with her full time , to care for her during her final illness and help manage the hotel until her death. In return she promised the Lothians her entire estate. Mrs Lothian carried out the deceased's wishes and her husband stayed in Scotland running the family home and visiting her once a month. The day before she died the deceased gave instructions to a solicitor for a will reflecting this promise but it was never executed . The first defendant , a beneficiary under the deceased's last will made many years before (under which she and Mrs Lothian received a half share in the residue), opposed the claim and argued that the relief should be limited to £40,000 plus travel expenses in addition to Mrs Lothian's share under the will. Judge Kaye QC disagreed and awarded the Lothians the deceased's entire estate after payment of legacies. Gillett v Holt, Thorner v Major, Suggitt v Suggitt applied

View the judgment here



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