It is human nature to think “it will never happen to me”, but it is a sad fact of life that an increasing number of us may, at some point, have a loved one that may go into a residential care home or require care and support in their own home. This may be due to illness, old age or perhaps as the result of personal injury or an accident, and it often happens at the most inconvenient of times.
Claims in relation to Trusts and Proprietary Estoppel may occur when an individual has been promised part of the deceased’s estate but is unwittingly omitted from the will.
Prior to death, an individual may have agreed with someone that they will inherit land in their estate and unwittingly not included the agreement within their will. This can then lead to strained relations between the person who was relying on this agreement and the beneficiaries of the will.
A proprietary estoppel claim essentially means enforcing the deceased’s broken promise. To prove proprietary estoppel, an individual must show there was an assurance by the deceased and that they have since relied upon this agreement, resulting in a detrimental outcome.
Whether you are making or facing a claim for proprietary estoppel, you can take comfort in knowing that Giles Wilson’s property dispute solicitors have a wealth of experience.
Featured Insights
The headlines around inheritance tax following the budget were noisy on how farmers will be affected, on pension pots and on the fact that there is no rise on the nil rate band in the near future. However, in the small print there is an important change: that is the amount of interest charged on unpaid tax liabilities.
Our Managing Partner Melinda Giles helps younger listeners understand the law around someone passing away in her appearance on the Kids Law podcast.
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The expertise of our solicitors is regularly recognised by some of the profession’s most distinguished organisations. As well as being a member of a number of Law Society schemes, we have won awards at the Law Society Excellence Awards, the Halsbury Legal Awards and the Modern Law Awards.
We have also received recognition in the form of the Lexcel mark of quality, a Legal 500 listing and a place on the shortlist of The Lawyer’s Boutique Firm of the Year.
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