Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 2 June 2018.
Laura (30) is Matthew’s (70) second-cousin.
Laura says that Matthew told her; “I will leave everything to you in my will, for all the work that you have done and all the work that you are going to do for me in the future. She says that Matthew repeated words to this effect every three or four months.
Laura says that over more than 17 years, in response to Matthew’s promises, she visited him on a weekly basis, when she would cook for him, attend to his grocery shopping, clean his house and take him to doctor’s appointments. When Matthew required a hip replacement, Laura says she cared for him daily for more than a month.
Laura also purchased clothes for Matthew and on several occasions, paid for his car registration. Laura’s husband also attended to the maintenance of Matthew’s home and car.
However, three years before Matthew passes-away at the age of 87, he meets Penny (60).
Initially they would go for walks together and soon they developed a close relationship.
A couple of years later, Penny tells Matthew that her house had been burgled and asks if she could stay with him until she found something suitable. She stayed with him for approximately one year.
During this time, Matthew made a new will appointing Penny as his executor and giving her the whole of his estate, leaving Laura nothing.
After Matthew’s death, Laura argues that she relied on his representations to her detriment and on basis of a “proprietary estoppel”, the court found that it would be unconscionable for Matthew to resile from his promises to Laura.
The court ultimately awards the whole of Matthew’s estate to Laura.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
