Proprietary estoppel: alleged representations made by a person who is dead at the time of the trial

In Szeto Chak Mei v Chan Lam Shan ([2016] HKEC 482) P was the adminstratrix of her deceased father’s estate. The estate included a flat in which D1, the deceased’s daughter-in-law had lived for many years (since her marriage to one of the deceased’s sons). P alleged that D1 was a bare licensee of the flat. She terminated the licence and sought an order for vacant possession when D1 continued in possession. D1 claimed that the deceased and (after his death) the deceased’s wife had made representations to her that the title to the flat would be transferred to her. Deputy Judge Cooney SC referred to Yung Shu Wu v Vivienne Sung Wu ((2011) 14 HKCFAR 39): since D1 was alleging a gift or a promise of a gift by a person who was deceased at the time of trial, the claim should be treated with suspicion ([43]). D1 had not persuaded the court that the representation had been made and the proprietary estoppel claim failed.

Michael Lower

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