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United Kingdom proprietary estoppeltestamentary capacityknowledge and approval

Maile v Maile

[2025] EWHC 2494 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division
Year2025
StatusBinding authority

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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