In cases where the legal ownership of property does not reflect the beneficial ownership, meaning that a person who is not the legal owner has a claim in respect of property, issues relating to trusts and proprietary estoppel can arise. Our Contested Wills and probate solicitors have many years of experience in dealing with claims relating to this complex area of litigation.
Property can include land, buildings, shares, investments and savings. Claims can be brought on behalf of the estate regarding property that should form part of the estate as a result of a resulting or constructive trust or proprietary estoppel.
The other side to this is a claim by a party that they have an interest in property which has been left by Will arising from a resulting or constructive trust or proprietary estoppel.
The claims may arise as a result of:
- a person acting to their detriment in reliance on a promise that they would have an interest in the property (proprietary estoppel).
Proprietary estoppel claims would be made where there has been a representation or assurance made, reliance thereon and detriment in consequence of the reliance.
