Re Estate of Mary Beatrice Waters (Deceased); Wright v Waters and another

Will – Family provision. The claimant brought a claim in respect of her deceased mother's estate, after she was excluded from her mother's will. The issue was whether she had a claim on the basis of proprietary estoppel or under the under the Inheritance (Provision for Family and Dependants) Act 1975. The Chancery Division, in dismissing the claim, held that, on the facts, any mention of inheritance had not been intended to be taken seriously or been such that might reasonably have been expected to have been relied on by the claimant. Further, taking into account all the factors under s 3 of the Act, the value judgment was that the claimant's conduct outweighed all of the factors in her favour and her claim under the act had to fail.

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