Contested Wills & Probate: Three Dangers! (Promissory Estoppel claim) UK law

Подписаться 3,8 тыс.

Просмотров 13 тыс.

50% 1

Are you a litigant in person, running your own case?
To receive more guidance, legal surgery (£150), to purchase the book or for further details of our services go to:
www.courtwingman.com
hello@courtwingman.com
Tel: 020 7193 5572
And if you want my bible on civil litigation, buy Flying Solo - just click here!:
www.courtwingman.com/shop/
If you want full legal representation we can help you at our sister law firm. Please email for details. (Redwood Legal no long exists as a law firm, we have moved to another law firm.)
In this vlog I look at the perils and pitfalls of bringing a claim against an estate, especially if you are unrepresented and I use an actual claim we are running for promissory estoppel, where a will is being challenge because the deceased made an earlier promise (which she is "estopped" for backing out of, even after her death). I am afraid you almost certainly will need legal advice in what is a complex area...
Firstly, there are dangers if you do not bring the right head of claim ("gateway" to justice). Is it a promissory estoppel claim, an inheritance act claim, or a claim for lack of testamentary capacity? Etc. etc. It can be expensive if you bring your claim wrongly, even if you are subsequently vindicated in the merits of the case as they other side may apply to strike out the wrong head of claim which could have immediate costs consequences.
Secondly, be aware that in a specialist area, or indeed in county court cases generally, costs can also be racked up against you if you miss court deadlines and do not read court orders properly and fail to consult the rule book - the Civil Procedure Rules: www.justice.gov.uk/courts/proc...
Thirdly, make sure you have the right court and have brought it in the right way according to the claim value and the type of claim your are bringing. There are special district registries for challenging wills and so you should not assume it will automatically go into a normal county court.
I close by laying out how you can approach us for legal advice and to do so in a way that will save you money! I think reduced no win no fee is good for this type of claim. A lawyer is thereby incentivised to win, as part of their fees will only be paid upon a successful result. This avoids the danger of "taxi meter" problems, where you do not know how long the journey is going to take and how much the fare will be.

Опубликовано:

1 фев 2019

Ссылка:

Скачать:

Готовим ссылку...

Добавить в:

Мой плейлист

Посмотреть позже

Комментарии : 42

@chrisbrown7127 3 года назад

I like your honesty & the fact you didn't blitz us with technical terms!

@theblackswanmoon5459 5 лет назад

Thank you so very much! 🌹🎩

@theblackswanmoon5459 5 лет назад

🙏 thank you. I hope you can assist further

@vikastambavekar8642 3 года назад

Very nice 👍 explained sir...... Thanks

@RedwoodLegal 3 года назад

Most welcome!

@janner2121 2 года назад

Good God . This case is just like my case I am embarking on now !

@RedwoodLegal 2 года назад

Good luck!

@phoenixkali 2 месяца назад

My case took just over 3 and a half years. Since I gave my bro (previous administrator) a years grace before activating a case, I’d say 2 an1/2 years. It was a simple division of house and assets(savings) if that helps. It was in uk and I was operating from Ireland 🇮🇪no will so we applied for probate.

@Phoenix1664 3 года назад

I am 25% beneficiary of my grandmothers estate, along with my mother, uncle and cousin at 25%. My cousin is my uncles daughter and he is executor of the estate. The terms of the will is that the house is to be sold and the proceeds split 4 ways along with any remaining money. My uncle has instead moved his daughter into the house, for the last 10 months, for free, and began renovations on the property. He has stated she intends to buy the house, however she has failed to do so and appears to be residing there indefinitely. The house as not been put on the market and my uncle has refused to ask his daughter to vacate, and will not put the house on the market. He has also lied about the market values in order to let my cousin buy it at a cheaper price. However we believe that my cousin will not be in a position to actually buy the house for several years because she cannot afford it. We have already had a solicitor send a letter of warning. He has refused to respond, he seems to think as executor he can do what he wants. He has also refused to provide any information or documentation of the estate accounts. We have now moved to a position of 'letter of action' which may well end in court. Should we get my uncle removed as executor?

@RedwoodLegal 3 года назад

Phoenix, thanks for this query - this is not something we can advise in a thread like this. You would need to book a legal surgery with us to go through it all. I appreciate people think that a lawyer should be able to give an answer to a thorough summary of the facts, but the truth is, it would be irresponsible to do so without having seen the relevant key documents and have talked you you properly. Imagine a doctor giving a response to just a written note on someone's medical condition. He would need to have a proper meeting with you. IF you do not want to pay for our services for a legal surgery (£150 for one hour) then I am now thinking we need to do a session on our bi-weekly legal surgery vlogs specifically on wills etc. You are welcome to join that and you can write in and we can use your example as a case study.

@kathyfreeman9596 4 года назад

Great blog ty ! Will you be doing any blogs On mirrored wills and litigation with them seems very confusing

@RedwoodLegal 4 года назад

Kathy, I suggest you email on info@redwoodlegal.co.uk with summary of your case.

@kathyfreeman9596 4 года назад

Redwood Legal Ok thank you

@tarynparkinson4334 3 года назад

My uncle had a will of 30 years my mom changed it when he was in and out of a coma she's now fighting With a lawyer the unsigned draft new will not witnessed will over the old will she win I'm not happy she done this and she has hired a lawyer to override old will

@RedwoodLegal 3 года назад

Good luck!

@johnkean6852 3 года назад

Is there anywhere l can read outcomes of Probate Court hearings? Are they published anywhere as Precedents (with names deleted of course.)

@fifijamaicankitchen 2 года назад

Thank you so much for this very informative vlog. I understand the IHT is due 6 months after death and must be paid prior to grant of Probate. However, if someone opts to pay the IHT over a period of 10yrs would they need to wait until the total amount was paid after 10yrs to apply for grant of probate, or could they apply following payment of the first installment?

@RedwoodLegal 2 года назад

Hi Fiona! Please feel to free to email us at hello@courtwingman.com if you need further advice in respect of any inheritance matter. Many thanks, Courtwingman

@RocketAli-hh9yj Год назад

My father passed away recently,he made a will making me the executer,he got remarried overseas,but chose to to keep the will as it is , with out any knowledge that the second marriage will revoke the former will,I have already sent of original will for probate, what chance do I have to be given the grant

@thecatinthehat1863 3 года назад

my case is very similar to the one you talked about, i looked after my gran for 18 months and she promised me a cottage to live in and the contents of her house, i became ill and left and another grand daughter has become the sole recipient and i was removed from the will completely, she changed the will multiple times over the las ten years depending on who she fell out with, I have been the only one who spent significant time with her living on the property and caring for her. I was not compensated for my time or work. Do you think i might have a claim?

@thecatinthehat1863 3 года назад

this is in scotland

@RedwoodLegal 3 года назад

@@thecatinthehat1863 Hello :) I am afraid we do not assist with disputes in Scotland. We wish you the best of luck with your case, Kind regards, Redwood Legal Team

@moonshine3657 2 года назад

Is the UK inheritance act same as canada considering canada is still under the british commonwealth? Here is my situation my mother appointed my brother as a trustee of her will but unfortunately my name is not mentioned in it. My mother pick my brother cause he was much smarter than I was and much more educated than I was & my brother and sister were making over 70,000 Per year & I was always poor & uneducated, right now im on long term disability, when I was still living with my parents I was the one who mowed the lawn, prune the trees, take out the garbage and sometimes run errands for my mothers medicine, while my siblings were working and taking care of there own family, do you think I have any chance to contest this? I would like to know your advice or do you think its a waste of time?

@RedwoodLegal 2 года назад

No, Canada has its own law and Quebec is French, of course. I do not know their laws, but I would be surprised if Canada in the english-speaking part does not have a similar law. You may have a case - the key point you mention is that you were helping your mum and maybe living with her too. It is not always easy for children to claim (See the case of Ilot v Mitson) but it can be done and often where they were in some way dependent on the deceased and the death has caused a sudden change or financial loss. There may be a promissory estoppel claim - but you will have need to have a promise, clearly evidenced, and then that you did genuinely act on reliance on that promise to your detriment. You really do need to have a legal surgery with us. Seriously! One hour to start with may just give you the tailored help you need as of course I am talking very generally. Send your papers and let us talk through it and give you an initial bit of advice.

@kerryNhull 2 года назад

My dad got married 6 days before he died a deathbed marriage, his wife said we the children are getting nothing even though he told her what to give us which was a small amount and she would of been left with a house and about 170-200 k is their anything legally I can do

@RedwoodLegal 2 года назад

Hi Kerry, I am sorry to hear that, please feel free to email us on hello@courtwingman.com so we can advise of the next steps to take, thanks, Daria and Alex

@austinfallis4174 4 года назад

Hi there Can promissory estoppel be claimed before death or only after death

@RedwoodLegal 4 года назад

Yes, it is possible and there has been recent case law on this, I believe.

@thedarkdestroyer5063 5 лет назад

Can someone contest a will even if there is no will. For example mum dies one of her kids says 'my mum sed I will give you the flat'.

@RedwoodLegal 5 лет назад

Yes, you can. Sometimes people die "intestate" to use the fancy legal word. There are then rules about who the money goes to and in what order. You can challenge these rules just as you can challenge a will, and the most popular way these days is by means of the Inheritance Act 1975 (though not the only way). There are other videos on this Act. Other ways might include promissory estoppel, which is where the deceased had promised something to someone before they died- but this way of claiming requires that you prove you suffered loss by relying on that promise. It is not really enough to say "I promise I will leave X to you" and then expecting a court to honour that promise. Obviously the big caveat here is that each case is different and I would need to know the facts of the case.

@padraigpiokelly6394 4 года назад

Hi regarding spouse legal right share my mother is elected I have found that the dwelling house was well undervalued at probate I believe the valuer was told to by the other beneficiarys and executor can I get the revenue affidavit redone and s proper valuation done at market value the house was valued at 72.000 at probate and the house is worth 130.000 to 150.000

@iankendrick5282 Год назад

Love your vlogs wish I had used you

@theblackswanmoon5459 5 лет назад

Genius! Are you married...🤫

@acquiesce100 4 года назад

Could I get some advice from you?

@RedwoodLegal 4 года назад

Absolutely, if you email at info@redwoodlegal.co.uk with a summary of your case, I will take a look.

@savgoulis2826 4 года назад

Ditto but a summary is what I need! I find myself in a grey area it seems. If I could produce a summary I would desperately seek your advise. I sit here with 3 years of unsolved probate. Having used some of your wisdom - I thank you for that.

@ithehappy1 3 года назад

Are these laws in any way applicable for India?

@RedwoodLegal 3 года назад

I do not know what the law is in India. But if someone is living in India but has UK assets it may fall under the jurisdiction of the English courts. It really rather depends on the facts of the case.

@ithehappy1 3 года назад

@@RedwoodLegal Understood. Thanks for the reply.