Proprietary Estoppel

If I can use proprietary estoppel to contest a Will

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If I can use proprietary estoppel to contest a Will

The will itself may be perfectly valid, but it would be unconscionable for you to not inherit where you have shown evidence of the promise, reliance and detriment.

Remember though that even if the court does find in your favour, this does not mean that you will automatically inherit everything that was promised to you.

The court has a discretion to award what it feels is just and equitable taking into consideration the expectations that you have as a result of the promises made to you. If the court feels that you can be adequately compensated by a share of land for example, then it will make such an order.

The court may also want to promote a 'clean break' between the parties to the dispute when making a decision to reduce the possibility of future problems.

Mediation plays an important role in disputes of this nature and wherever possible we will encourage the parties to try and resolve the dispute without the need to go to court.

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