Elaine Palser published in latest edition of Trusts & Trustees

Elaine Palser has written an article titled Proprietary Estoppel and the Position of the Stranger in Trusts & Trustees Vol. 29, No. 3, 2023, pp. 1–11 (OUP).  

The article examines the position of a stranger in two principal scenarios, and the implications for strangers of the possible outcomes to these scenarios. First, if A makes a promise to B that C will receive A’s property if B advances monies to A, can the promise be enforced to benefit C who is a stranger to the promise? Secondly, if A makes a promise to B that B will receive A’s 50% share in a property if B advances monies to A, but A then enters into a declaration of trust with D (with whom A then purchases the property), is B bound by that declaration (to which B is a stranger)? Is B then excluded from a constructive or resulting trust claim, and left solely with a proprietary estoppel claim?

Read the full article here: Proprietary Estoppel and the Position of the Stranger

Find out more

Elaine Palser has an extensive chancery and commercial practice with an emphasis on contentious probate and trusts, insolvency, commercial disputes, and professional negligence. She is also a CEDR-accredited mediator. Elaine has been described as “an excellent advocate”, “technically superb” and “a seasoned legal gladiator” (Legal 500), and she is recommended as a leading junior in three areas.

To instruct Elaine or to find out more please contact Elaine’s Practice Management Team: Matt Sale (+44 (0)20 7427 4910) or George Bennett (+44 (0)20 7427 0807).

Private Client & Trusts, Legal Blog & Publications 2 Feb, 2023