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Thread: Proprietary Estoppal Claim

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  1. #1
    Welsh18's Avatar

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    Default Proprietary Estoppal Claim

    Hi everyone,
    so the issue of my late mothers estate rumbles on...
    Can anyone advise on a Proprietary Estoppal claim?

    its now being levelled that he has a claim of this nature as he acted to his 'detriment' by remaining living in the property with my mother & she had assured him he could live there after she passed away...

    any pointers would be very gratefully received.

  2. #2
    Peridot's Avatar

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    Default Re: Proprietary Estoppal Claim

    Is this in relation to your previous thread where your mother's partner placed a caveat?
    To have a claim for proprietary estoppel you have to show the following:-
    1. That your mother promised that he would receive some right or benefit over the property
    2. That he relied on that promise
    3. That he suffered detriment by relying on that promise
    4. That your mother has taken advantage of him in by denying him the right or benefit he expected to receive.
    Each of the aspects above should be shown to be successful in a claim. Has there been an indication of what he believes he has done to his detriment relying on your mother's alleged promise to him? Detriment doesn't have to be financial, there have been cases where acting as a person's carer have been found to be sufficient. However the detriment must be substantial. I assume he did not sell his own property when he moved in with your mother? How much care was he providing to your mother in the couple of years he was living with her? There are also occasions when the benefit of someone living rent free in a property owned by someone else has cancelled out any detriment they have claimed. It can be complicated for someone to bring this type of claim and it is for them to provide the evidence to be successful in their proprietary estoppel claim.
    Have you received a letter from his solicitor about this? Has your solicitor given you any guidance? Have you made any offers to him as yet with regard to the will that wasn't signed as far as you are aware that appeared to give him a 10% share of the residue? When was that Will prepared and is he claiming that the 'promise' for a share in the house was made before that will was prepared (but not signed)? It would be sensible to try and get a timeline of the facts down. There may be something that jumps out that would assist in your defence of this claim.
    It is for him to prove
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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