Thorner v Major [2009]

Facts

• The claimant had worked for the late-defendant’s estate for 30 years, unpaid
• He believed that he would inherit the farm, following non-explicit but obvious communications from the defendant
• Upon the defendant’s death, his estate passed by statue, not to the claimant

Issue

• Could the transfer by statute be estopped by proprietary estoppel?

Decision

• Yes, claim allowed

Reasoning

• Although no clear assurances had been made, proprietary estoppel requires only that assurances are ‘clear enough’, they need not be ‘clear and unequivocal’
• Proprietary estoppel can only operate on identified property, which may fluctuate in value
• The judge’s ruling that the farm should be inherited was restored by the House of Lords