Need help dividing the estate

when no provision was left for Bertie?



Proprietary Estoppel is a remedy that effectively prevents someone from reneging (going back) on assurances or ‘promises’ that they made to another person.
In certain circumstances the court will intervene to enforce such promises if it considers that:

  • A promise or assurance of sufficient clarity was provided by the promisor to the claimant
  • The claimant relied upon that promise or assurance
  • The claimant acted to their detriment by relying upon that promise or assurance (i.e. they suffered some form of loss)
  • The outcome following the provision of the promise or assurance and the reliance have led to an ‘unjust’ result

Even if the court agrees that a claim should be successful, the claimant will not necessarily receive what was promised to them. The court will consider the degree of detriment suffered by the claimant and will use its discretion to make an appropriate or ‘fair’ award.

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Initial Consultation

Our team has successfully dealt with a range of proprietary estoppel disputes with varying types of assurances. If you would like to speak to one of our experts for an initial, no-obligation, consultation to discuss your matter and the options available to you, please send us a message or call 0203 553 7115.

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I would like to thank you for the way in which you dealt with this matter all the way through. Particularly I would express my thanks for your prompt replies to all enquiries that I raised and for keeping me so well informed of the progress of the case.

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We would like to thank you and your team so much for all the help and advice we received and for acting in a courteous and professional manner at all times. Thank you also Lee for patiently addressing all the issues we raised and for explaining everything to us so clearly, sometimes repeatedly, until you were satisfied we fully understood the more complex issues with our Wills; you personally, were highly recommended to us by one of your grateful clients. Likewise, we too would not hesitate to highly recommend you to anybody planning to make a Will.

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