Throughout the brief history of proprietary estoppel, it has been rare to find a case where the promisor passed away before the promisee suffers sufficient detriment. Rarer still, to find this promise made jointly by co-owners as tenants-in-common of a property. In Cheung Lai Mui v Cheung Wai Shing , the Hong Kong Court of Final Appeal found the ‘cut-off’ point of assessing detriment in such a case to be the death of the last surviving co-owner – but why should it be? This article explores the theoretical interactions between proprietary estoppel, unconscionability and co-ownership in seeking to answer this question.
Samuel Yee Ching Leung and Bennett Au-Yeung, When death is literally the deadline: the ‘cut-off’ point for assessing detriment in proprietary estoppel, Trusts and Trustees, https://doi.org/10.1093/tandt/ttab059. Published: 19 July 2021.