Proprietary Estoppel Claims
We also have a range of expertise in various other contested probate matters, including:
- Contesting a Will
- Challenging an executor or administrator of an estate
- Disputes over estates where there is no Will (intestacy)
- Disputes between executors, trustees or beneficiaries
- Disputes over the ownership of property
- Inheritance Act claims.
- Disputes over deathbed gifts
- Contesting a trust
Proprietary Estoppel Claims
If promises were made to you prior to someone’s death, and their Will does not reflect said promises, this could leave you at a serious disadvantage. In these scenarios, you may be able to make a proprietary estoppel claim, which is something our contentious probate solicitors will be able to support you with.
At Tinsdills Solicitors, our team have experience in handling a wide range of legal disputes and disagreements. If you intend to make or defend a proprietary estoppel claim, we will be by your side to provide hands-on support that helps you secure the right outcome in the right way.
We have strong negotiation skills, which we use to help resolve disputes, including those relating to proprietary estoppel claims efficiently, as with minimal disruption. However, we will always remain committed to helping you access the best available settlement. This means that if court proceedings are required, we can provide representation and advice throughout the process.
To reduce the chances of your loved ones launching a proprietary estoppel claim, it is important to make sure that you enlist expert legal advice when handling lifetime planning matters. We can offer support when it comes to these issues, including:
To arrange an appointment with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach please call 01782 652300 or use the enquiry form on the right hand side of the page.
Our Proprietary Estoppel Expertise
Disputes can arise after a person’s death for a number of reasons, including in relation to the validity of the Will and the actions of the executors. You may also be able to make a claim if a promise that was made to you was not subsequently fulfilled in a Will.
Proprietary estoppel is specific type of legal claim you can make where:
- You were promised a ‘proprietary interest’ in a property
- You relied on that promise
- You did not receive the promised proprietary interest
The courts will allow a proprietary interest claim where it would be considered ‘unjust’ or ‘inequitable’ for the other party to go back on the promise.
Our contentious probate solicitors can work alongside you to prepare and submit a robust proprietary estoppel claim that clearly demonstrates you relied on the promise and that you are worse off (financially and/or non-financially) for relying on the promise.
We can handle the entire claim on your behalf, taking you through all the relevant steps and providing straightforward, honest advice about your prospects.
Given their nature, it is common for proprietary estoppel claims to come with claims under the Inheritance (Provision for Family and Dependants) Act 1975. You can find out more about our Inheritance Act expertise here.
It can be worrying to learn that your inheritance is at risk of being affected by a proprietary estoppel claim. If a claim is successful, it could mean that an estate, and the relevant properties, will be distributed differently, which could put you at a disadvantage.
Our contested probate matters can work alongside you if you are at risk of being disadvantaged by a proprietary estoppel claim, helping you to clarify your legal position and what actions you can take to defend your inheritance.
Get In Touch With Our Proprietary Estoppel Solicitors Today
Do you want to discuss a proprietary estoppel claim? We have experience in these areas and more.
With a dedicated team on hand to take you through every step of the process, you can rest assured that we will provide you with the best chance of getting the outcome you deserve.
Proprietary Estoppel FAQs
Essentially, proprietary estoppel can be used to provide an individual with rights to land or property they were led to believe they would inherit. Denying these rights would be considered unjust or inequitable, meaning it can be used to avoid certain procedures which are typically used to establish a proprietary interest.
A proprietary estoppel claim relies on an assurance that the property would fall to the individual, a reliance on the property and that the property not falling to the individual causes them a detriment.
Proprietary estoppel claims are particularly common among family businesses and farming families, where family members devote much of their time and make many sacrifices with the expectation that they will inherit the property.
Typically, there are no strict time limits for proprietary estoppel claims. However, if there is a significant delay in bringing forward such a claim, this could be raised by anyone who is defending against the claim.
The key, as with most contentious probate matters, is to act as quickly as possible and with the support of legal professionals.
If someone is left without ‘reasonable financial provision’, they may be able to make an Inheritance Act claim. The main difference between proprietary estoppel claims and Inheritance Act claims centres around the ‘promise’ or assurance’.
Someone can potentially file an Inheritance Act claim if they have simply been left out of a Will, have not been provided sufficient financial provision, or the rules of intestacy do not support them. They do not need to have been promised anything by the deceased.
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