Proprietary Estoppel Claims
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Proprietary Estoppel Claim Expertise
If promises were made to you before 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 has experience handling various 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 and 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.
Our Proprietary Estoppel Expertise
Bringing a Proprietary Estoppel Claim
Disputes can arise after a person’s death for several reasons, including the validity of the Will and the actions of the executors. You may also be able to make a claim if a promise made to you was not subsequently fulfilled in a Will.
Proprietary estoppel is a 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 break 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 are worse off (financially and/or non-financially) for doing so.
We can handle the entire claim, taking you through all the relevant steps and providing straightforward, honest advice about your prospects.
Given their nature, proprietary estoppel claims are often combined with claims under the Inheritance (Provision for Family and Dependants) Act 1975. You can find out more about our expertise in the Inheritance Act here.
Defending a Proprietary Estoppel Claim
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 help you if you are at risk of being disadvantaged by a proprietary estoppel claim. They can clarify your legal position and suggest actions you can take to defend your inheritance.
Proprietary Estoppel FAQs
What Does Proprietary Estoppel Apply to?
Essentially, proprietary estoppel can 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 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 widespread 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.
Are There Time Limits for Proprietary Estoppel Claims?
Typically, there are no strict time limits for proprietary estoppel claims. However, if there is a significant delay in bringing such a claim, anyone defending against it could raise this issue.
As with most contentious probate matters, the key is to act as quickly as possible and with the support of legal professionals.
What is the Difference Between Proprietary Estoppel and Inheritance Act Claims?
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 the Inheritance Act claims is the ‘promise’ or assurance’.
Someone can potentially file an Inheritance Act claim if they have 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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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 guide you through every step of the process, you can rest assured that we will give you the best chance of getting the outcome you deserve.
To arrange an appointment with one of our contentious probate solicitors in
Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call