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Re Basham

[1986] 1 WLR 1498

Case summary last updated at 09/01/2020 16:01 by the Oxbridge Notes in-house law team.

Judgement for the case Re Basham

This was a case where P was promised by the deceased that she would inherit his house, but he died intestate and she sought a declaration against the deceased’s administrators of his estate, D, that the house was hers. The court granted it, holding that that the principle of proprietary estoppel was not limited to acts done in reliance on a belief relating to an existing right, but extended to acts done in reliance on a belief that future rights would be granted. Since the plaintiff had established that she had acted to her detriment in reliance on her belief, encouraged by the deceased, that she would ultimately benefit by receiving the deceased's property on his death, she was absolutely and beneficially entitled to the deceased's residuary estate. 

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