Wise v Wise

The case of Wise v Wise involved a dispute among members of a farming family over an expectation of inheritance. The plaintiffs, the children of the deceased, brought an action against the other children, alleging that their mother had made a promise to them that they would inherit her farm. The plaintiffs argued that this promise constituted proprietary estoppel by encouragement, leading them to rely on the expectation of inheritance to their detriment. The dispute was heard in the Supreme Court of Victoria.

The central legal issue in the case was whether the deceased mother had indeed made a promise to the plaintiffs that they would inherit the farm, and if so, whether this promise constituted proprietary estoppel by encouragement. The court had to determine if the plaintiffs had reasonably relied on this expectation to their detriment, which would entitle them to a proprietary estoppel claim. The court also needed to assess the nature and extent of the detriment suffered by the plaintiffs and whether it was sufficient to support a proprietary estoppel claim.

The court found that the deceased mother had made assurances to the plaintiffs that they would inherit the farm, but these assurances did not amount to a clear and unequivocal promise. The court held that while the plaintiffs had relied on these assurances, the reliance was not sufficiently detrimental to warrant a proprietary estoppel claim. The plaintiffs had not suffered a significant detriment that would entitle them to a proprietary estoppel claim, and thus, the court dismissed their claim.

The court ordered that the plaintiffs take nothing by their action, and the defendants were awarded their costs.