Proprietary Estoppel - Beyond the Basics for Contentious Probate Practitioners

Introduction

Proprietary estoppel claims are frequently turned to by parties who are disappointed by the terms of a will, either as a second string to a probate claim disputing the will’s validity or as a route to claiming assets that would otherwise pass in accordance with the will without needing to challenge it directly.

The judgment of the Supreme Court in Guest v Guest gives practitioners every reason to suppose that such claims will continue to be popular and offers potential claimants some encouragement that a remedy that fulfils their expectations rather than one that merely compensates them will be within reach.

However, the flexibility of the equitable principles in play, and the courts’ sensitivity to the particular facts of each case, mean that a formulaic approach to litigating for or against such claims will be likely to produce poor results.

This webinar will focus on claims where the subject matter of the claim is property forming part of the estate of a deceased person.

What You Will Learn

This webinar will cover the following:

• A brief recap of the basic principles of proprietary estoppel claims as set out in Thorner v Major and Guest v Guest
• How to analyse where a proprietary estoppel claim can fit in alongside declarations of trust, partnership deeds and other written agreements
• How to identify the promises and assurances, and present them effectively
• How to assess the significance of the claimant’s detrimental reliance
• The contrast between ‘bargain’ cases and others
• Testing the strength of the evidence - what makes for a persuasive claimant, and how can they be undermined?
• Considerations for formulating a proposed remedy as a claimant, and for formulating an alternative lesser remedy as a defendant
• How to help the judge fashion an appropriate remedy, in particular where total resistance to the claim has failed
• Lessons from Moore v Moore, Guest v Guest and Morton v Morton
• How to make effective Part 36 offers

This webinar was recorded on 5th October 2023