Re: Oliver Knowles (deceased) v. George Knowles [2008]. Estoppel is a legal doctrine which protects a party who would suffer detriment if the defendant has done or said something to induce an expectation and the claimant, relying on the expectation, would suffer detriment if the expectation were false.

 

This decision of the Privy Council is a reminder that the courts will not invoke the doctrine where individuals, through acts of kindness, have simply allowed other members of their family to inhabit their property rent free.

 

The facts of the case were, briefly, these. The property was a house owned by the late father of George Knowles. George’s mother inherited a life interest in the estate which was to pass to George absolutely following her death. The appellant, who had been married to George’s brother, had been permitted to live in a house on the estate and had spent money improving the house. The appellant claimed that the money had been spent in the belief or expectation that she would obtain an interest in the property. The court dismissed that evidence. There was no evidence of any intention on the part of the defendant to give the house to the appellant and it would be unconscionable to deprive the defendant of his property when he had done nothing to encourage any belief that the appellant could treat it as belonging to her.

 

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