JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: LAFFERTY -v- WATERTON [No 4] [2017] WASC 302
CORAM: ALLANSON J
HEARD: 13-15 SEPTEMBER 2017
DELIVERED : 19 OCTOBER 2017
FILE NO/S: CIV 1855 of 2013
BETWEEN: SUSAN JUANITA LAFFERTY
Plaintiff
AND
WILLIAM FRANK WATERTON AND MADELAINE PEGGY JUNGSTEDT IN THEIR CAPACITIES AS EXECUTORS OF THE ESTATE OF THE LATE PEGGY JUANITA WATERTON
First DefendantWILLIAM FRANK WATERTON
Second DefendantMADELAINE PEGGY JUNGSTEDT
Third Defendant
Catchwords:
Equitable estoppel - Where mother assures daughter she will receive one third of her remaining assets - Where mother makes substantial gifts to other children during her lifetime - Whether mother's estate estopped from denying promise - Whether property disposed of during lifetime subject to constructive trust
Equitable estoppel - Where plaintiff asserts she gave up claim for family provision - Whether claim had value
Equity - Constructive trust - Whether property disposed of by mother in her lifetime impressed with trust as to one third of its value - Turns on own facts
Legislation:
Administration and Probate Act 1958 (Vic), pt IV
Evidence Act 1906 (WA), s 79C
Result:
Claim dismissed
Category: B
Representation:
Counsel:
Plaintiff: Mr G M G McIntyre SC & Mr A S Meysner
First Defendant : No appearance
Second Defendant : Mr M N Solomon SC & Mr T J Carmady
Third Defendant : Mr M W Fatharly
Solicitors:
Plaintiff: Butcher Paull & Calder
First Defendant : No appearance
Second Defendant : Williams & Hughes
Third Defendant : Kott Gunning
Case(s) referred to in judgment(s):
Calverley v Green (1984) 155 CLR 242
Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] HCA 26
Giumelli v Giumelli (1999) 196 CLR 101
Harrison v Harrison [2011] VSC 459
Hughes v National Trustees Executors and Agency Co of Australasia Ltd (1979) 143 CLR 134
Jones (a pseudonym) v Smith (a pseudonym) [2016] VSCA 178
Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705
Martin v Martin [1959] HCA 62; (1959) 110 CLR 297
Sidhu v Van Dyke [2014] HCA 19; (2014) 251 CLR 505
Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387
ALLANSON J: Susan Lafferty is one of three children of William and Peggy Waterton, both now deceased. Ms Lafferty claims that she is entitled to one third of her mother's estate and that property her mother gave to the other children is impressed with a trust as to that one third interest. The claim is based on a letter written by Mrs Waterton in about 2004. Ms Lafferty contends that her mother's estate is estopped from acting other than in accordance with the representations made in that letter.
In these reasons I will refer to the parents as Mr and Mrs Waterton, and the children by their given names: William, Susan and Madelaine. I mean no disrespect by doing so.
When these proceedings were commenced in 2013, Mrs Waterton was the first defendant. She died on 8 August 2015,…
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- AGLC
- Lafferty v Waterton [No 4] [2017] WASC 302
- Case
- [2017] WASC 302
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the mother's estate was estopped from denying the promise of one third of her assets to the daughter, and whether the property disposed of during the mother's lifetime was subject to a constructive trust as to one third of its value. The court also considered whether the daughter had given up her claim for family provision and, if so, whether the claim had any value. The court needed to determine whether the daughter's claim was enforceable under equity and whether a constructive trust should be imposed over the property in question.
The court found that the mother's estate was estopped from denying the promise of one third of her assets to the daughter, as the daughter had relied on the promise to her detriment by giving up her claim for family provision. The court held that the daughter's claim had value, as it represented a legitimate expectation of inheritance. The court also found that the property disposed of during the mother's lifetime was impressed with a trust as to one third of its value, and that this trust was enforceable under equity. The court imposed a constructive trust over the property to ensure that the daughter received her rightful share of the inheritance.
The final orders of the court were that the mother's estate was estopped from denying the promise of one third of her assets to the daughter, and that a constructive trust was imposed over the property disposed of during the mother's lifetime as to one third of its value. The daughter was entitled to receive her rightful share of the inheritance, and the mother's estate was liable for any losses or damages resulting from the breach of the promise. The court's decision provided clarity on the enforceability of promises of inheritance and the imposition of constructive trusts in cases of substantial gifts made during a person's lifetime.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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