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in an inheritance dispute proprietary estoppel may assist where a promise that was made is not kept in a will

5 Things to Know about Proprietary Estoppel

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 […]

in an inheritance dispute proprietary estoppel may assist where a promise that was made is not kept in a will

Proprietary Estoppel in an Inheritance Dispute

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 […]

trust law in complex - in Wodzicki v Wodzicki the court had to consider a trust scenario in the context of intestacy

Intestacy, trusts and beneficial ownership of property

Intestacy  – dying without a valid will – can cause all sorts of legal complications for your loved ones. In this case, the Court of Appeal had to consider the complex area of trusts, and the ownership of a property occupied by the deceased’s daughter, but owned jointly by the deceased and his second wife. The Facts The claimant, Juliette Wodzicki, lived in a property in London which was registered […]

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