Proprietary estoppel is a principle that courts use to resolve disputes. Proprietary Estoppel arises when a defendant has made promises or assurances that property will pass to the claimant, and the claimant has relied on these assurances to their detriment. For example, in Gillett v Holt [2001] Ch 210, a farmer, Mr Holt, made assurances to Mr Gillett that if he worked on his farm for far below the market […]
Proprietary Estoppel is a legal term that can mean very little to anyone who isn’t a lawyer. In an inheritance dispute, proprietary estoppel can offer a small but practical ray of hope when a will doesn’t reflect a promise that was made to someone by the testator while he or she was alive. What is Proprietary Estoppel? Proprietary estoppel is a principle used in the courts to allow individuals to […]
When you are thinking about any kind of legal action, a key concern will be the legal costs involved. It is no different when you are planning to challenge a will. It is a complex area of law, and you will need specialist legal advice and support to help you navigate the process, and succeed in your will claim. A no win no fee arrangement offers a sensible approach to […]
Does an adult child have to have a ‘moral claim’ to part of a parent’s estate in order to succeed in a claim under the Inheritance Act? The Inheritance (Provision for Family and Dependants) Act 1975 allows an adult child to claim maintenance from the estate of a parent who has disinherited him entirely or left him only a small legacy. Whether the claim succeeds depends on the outcome of […]
The Inheritance (Provision for Family and Dependants) Act 1975 allows claims for ‘maintenance’ from a deceased’s estate by “a person who immediately before the death of the deceased was being maintained either wholly or partly by the deceased” (Section 1(1)(e)). In the case of Kenneth Paul King v The Chiltern Dog Rescue, Redwings Horse Sanctuary [2015] EWCA Civ 581, the Court of Appeal had to review the situation where the […]
If you’re considering legal action to contest a will, the chances are you will be trying to work out which firm of solicitors to use to represent you. And no doubt, one of the big questions you want answered is how easy is it to contest a will – and win? It’s a worthwhile question to ask. Legal action of any kind can be stressful and exhausting; it can also […]
In a series of blogs in which we look at mediation and the role it plays in resolving a will dispute and other contentious probate matters, here we consider the benefits of mediation. What is mediation? Mediation is a form of dispute resolution which involves negotiation between the parties, managed by an independent mediator. Mediation will take place on a particular day, and in a specified location. The person bringing […]
You may well have read stories in the press about high profile will disputes and the legal costs that are involved. While it’s true that bringing a challenge to a will is unlikely to come cheap, there are a number of options open to you which means you don’t have to find the money up front, and will only have to pay costs if you succeed in your claim. In […]
You may feel aggrieved by your inheritance, or feel that your loved one’s will should not stand – but what are the risks of contesting a will? Your loved one has died, and taking legal action may be the last thing you want to think about, but if you feel that the will doesn’t reflect the true intentions of the deceased, or that you will struggle financially in the future […]
We talk a lot about how to challenge a will, but what happens if someone dies without making a will? In this blog, we look at the intestacy rules, how they work in practice, and your options if you aren’t included. A number of high profile personalities have passed away recently without leaving a valid will, meaning that the intestacy provisions have received quite a lot of publicity. Rik Mayall, […]
You may feel aggrieved by the provisions of a will – but what are the practicalities of contesting wills in the UK? In the wake of the death of a relative, a close friend, there are many things to contend with, not least your grief. Notwithstanding how difficult the weeks and months that follow, there are many practical steps that need to be taken when someone close to you has […]
If you’ve been left without an inheritance, what options do you have to challenge a will? There have been a number of high profile examples of people challenging a will because they feel they feel cheated of their inheritance. Not only that, a number of high profile figures have announced that they will not be leaving an inheritance for their children: Anita Roddick of the Body Shop, cook and writer […]