Re JR, a Ward of Court

• Jurisdiction: Ireland
• Judgment Date: 01 January 1993
• Date: 01 January 1993
• Court: High Court

(H.C.)

In re J.R., a Ward of Court

- Wardship - Dwelling house - Order of sale - Claim to an interest - Representation by ward - Detriment -Imperfect gift - Constructive trust.

On 8 October, 1990, J.R. was made a ward of court when the General Solicitor was appointed committee of his person and estate. In 1978, whilst receiving hospital treatment for a psychiatric illness, the ward formed a relationship with the respondent, who was a fellow patient. The ward invited the respondent to go and live with him in his house. He assured her that he would look after her and that she would be sure of a home for the rest of her life. On 2 November, 1988, the ward made a will leaving all his property to the respondent. He handed the will to her and said "it's not my house now, it's our house and eventually it will be your house". The couple lived together until July, 1990. During this time the ward maintained the respondent and gave her a small allowance to augment her disability pension. Following a deterioration of his mental health, the ward was admitted to a psychiatric hospital on 19 July, 1990, where it was found that he would need continuous institutional care for the rest of his life. The respondent continued to live in the house which had fallen into an advanced state of disrepair. Having regard to the costs of hospitalisation, and eventual funeral expenses, the committee sought an order of sale in respect of the ward's house because the cost of repair could not be met out of his limited resources. The respondent claimed an interest in the house on the basis of the representations made by the ward. Held by Costello J. in making the order of sale and directing that a smaller house suitable for the respondent's needs should be purchased, 1, promissory estoppel arises where, by words or conduct, a person makes an unambiguous representation as to his future conduct, intending that the representation will be relied upon so as to affect the legal relations between the parties and the representee acts on it or alters his position to his detriment, the representor will not be permitted to act inconsistently with it. If the subject matter of the representation is land, no right or interest in the land results from this estoppel. Instead a personal right is vested in the representee which will preclude the representor from enforcing a title to the land. 2. The respondent had established a promissory estoppel as she had acted on the ward's...