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Propreitory Estoppel & Unilateral Notice, What Should I Do?
I have received notice from the Land Registry saying a unilateral notice had been served on my deceased Mother's property by the sister-in-law(my deceased bother's wife) My Mother left her house to myself and my other brother. She has no claim on the house in my Mother's will. My father died before my brother so everything went to my Mother. All it says in the letter from the Land Registry that an undertaking between my father & brother in 1996 in respect of a sensitive commerical undertaking itself an element of a propreitory estoppel claim between the respective estates.
I have now got the Grant of Probate for my Mother's estate, can you please advise what to do?
I have now got the Grant of Probate for my Mother's estate, can you please advise what to do?
Answers
Broadly speaking, proprietary estoppel exists when party A promises party B that party B will acquire an interest in party A's land if B does something. If B acts to his detriment and in reliance on that promise it is then unconscionab le for A to insist on his strict legal rights. Eg. Bob (a farmer) encourages his nephew Sam to work for less than the minimum wage...
13:01 Sun 20th Oct 2013
Broadly speaking, proprietary estoppel exists when party A promises party B that party B will acquire an interest in party A's land if B does something. If B acts to his detriment and in reliance on that promise it is then unconscionable for A to insist on his strict legal rights.
Eg. Bob (a farmer) encourages his nephew Sam to work for less than the minimum wage and that the farm and all his money will be Sam's "when I am gone". Sam devotes his whole life to the farm and earns hardly anything but 6 months before Bob dies they have a row and Bob changes his Will leaving Sam out.
It's a horribly complicated area of the law. I would suggest you seek specialist independent legal advice from a solicitor or barrister with Direct Access certification.
Eg. Bob (a farmer) encourages his nephew Sam to work for less than the minimum wage and that the farm and all his money will be Sam's "when I am gone". Sam devotes his whole life to the farm and earns hardly anything but 6 months before Bob dies they have a row and Bob changes his Will leaving Sam out.
It's a horribly complicated area of the law. I would suggest you seek specialist independent legal advice from a solicitor or barrister with Direct Access certification.
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