Professional Negligence
How we can help if you’ve been affected by mistakes made by a Will writer or executor.
Proprietary Estoppel Claims Solicitors
Our lawyers can help you make a claim if you’ve lost out after relying on a promised inheritance that wasn’t included in someone’s Will.
Expert legal support for Proprietary Estoppel claims
Sometimes people make decisions based on what they expect to inherit. For example, you might turn down career opportunities to work on a family farm if your parents promised that you’d inherit it.
Proprietary Estoppel is a legal concept that can enforce a promise of property ownership if you have already made related decisions that have left you worse off. This is usually, but not always, in a financial sense. You may be able to make a Proprietary Estoppel claim if, for example:
- You spent time and money renovating a property that someone promised you would receive
- You worked on a farm or in a business for a reduced wage because you were led to understand you would inherit all or part of it
- You gave up work to care for someone who promised you a share of their property in return.
We have a significant amount of experience helping clients in this particular area of law and are skilled at getting the evidence you need to make a claim. We can also help you if you are defending a proprietary estoppel claim.
As part of one of the country’s leading Will, Trust & Estate Disputes team, we have experience with a wide range of property law issues, including rural estates, heritage properties, and investment portfolios. Whatever type of property you were promised, we can help.
Matthew's story - turning hope into happiness
Matthew had worked on Gilmoor Farm for 30 years, like his parents before him. He didn't live there but it felt like home and he was close friends with the farm's owner, Tony.
Tony had promised that Matthew would inherit the farmland when he died, and assured Matthew that his legal affairs were in order. Friends and family had also heard the promise that the land would one day belong to Matthew.
When Tony passed away, however, he didn't have a Will in place and Tony's estranged daughter contested Matthew's claim to the land.
After a three-year legal battle, Partner Paula Myers successfully defended Matthew's inheritance. Now he can continue enjoying the land with his children and grandchildren.
"It was like somebody had lifted a huge weight off my shoulders to be honest, it was amazing. I remember Paula rang me and I couldn’t believe it, I had to pull over and stop for five minutes!” - Matthew, client
"This was more than just a case, I wanted to win this for my friend. Telling Matthew that he’d won was so emotional, because it was the end of a long journey which finally achieved the result he wanted.” - Paula Myers, Partner
Frequently Asked Questions
Most disputes are resolved through alternative dispute resolution methods such as mediation, without going to court.
Mediation is usually a quick process and often only takes a single day. A neutral third party mediator will help you, the executor and any other beneficiaries to decide on a settlement that is acceptable for everyone.
While we’ll always try our best to resolve every dispute this way, it isn’t always possible, and sometimes going to court is the only way to get our clients the result they deserve.
If this is the case you can be assured that we are skilled and experienced litigators and will support you through every stage of the process.
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