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United Kingdom
proprietary estoppeltestamentary capacityknowledge and approval
Maile v Maile
[2025] EWHC 2494 (Ch)
Key Principle
Generalised statements of present intention by a farm-owner ('one day this will all be yours', 'who else would it go to') are not the clear and unequivocal assurances required to found a proprietary estoppel, and a testator who retains capacity and knowledge and approval may freely revoke earlier testamentary gifts by codicil.
Area of Law
General
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