Freedom of testamentary disposition will mean very little if a testator has already made a promise to give away the lion's share of their estate
The recent case of Davies v Davies and others  EWHC 1384 (Ch) is an important illustration of the need for a testator to give serious consideration to any potential proprietary estoppel claims, when making a will.
The case relates to a farm in Wales that was owned by the late Mr Tom Davies, who died in 1999. He and his widow had five children, one of whom, Mr James Davies, was the claimant in this case.
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This article was first published in Private Client Advisor on the 25th June 2015.