Guest and another Vs Guest (United Kingdom Supreme Court)
Date-19th October 2022

Sub-Whether promise by a father to a son to give him property by way of inheritance in lieu of son doing work for father can give rise to claim by a son when father disowns him and removes his name from the will.

The House of Lords on 19th October 2022 were called upon to provide remedy to son on equitable principles to put right injustice to which law is otherwise blind where rigid application of legal rules would be unconscionable. The legal rules which were coming in the way were that a promise is not enforceable unless part of a contract and a person is free to change his will until he dies. The court followed the principles of Proprietary estoppel (not promissory estoppel). While three out of five judges were of the opinion that the father has to make good the loss of the son in a particular manner , the two judges who differed wanted a distribution of GBP 610000 to be made. The judgement was thus pronounced with majority.

Quarrel between father and son/daughter is now not unnatural and it is seen in India also day to day. While in India the principles of promissory estoppel has been consistently discussed and applied , the concept of proprietary estoppel is yet to gain importance in the light of facts as above and in the light of increasing disputes in families ,this concept will receive more and more importance in Indian Courts also.

Ramesh Patodia
22-10-2022