Proprietary Estoppel - Winning Tactics for Contentious Probate Practitioners

Introduction

Proprietary estoppel is a legal principle that allows an individual to lay claim to an asset that was promised to them, even if the owner of the asset subsequently changes their mind and decides to leave it to someone else.

Such claims have largely involved farms and family business owners.

Over the past 30 years, the Courts have attempted to set out a statement of the doctrine, including a large number of high-profile cases.

This webinar will review the outcome of a number of recent cases.

What You Will Learn

This webinar will cover the following:

• Essential elements of a successful proprietary estoppel claim - Thorner v Major
• Assessment of claims - Davies v Davies
• First element: representation or assurance has been made to the claimant - Dawson v Dawson, Windsor-Clive v Rees and more
• Second element: claimant has relied upon the representation or assurance - Rojob v Deb, Sangha v Sangha and more
• Third element: claimant has suffered a detriment as a result of the reliance - Nazir v Jagota and more
• Fourth element: it would be unconscionable for the defendant to renege on the assurance - Howe v Gossop, Guest v Guest and more
• How to quantify a remedy, including other factors considered by the Court - Morton v Morton, Hughes v Pritchard and more
• Timeframe for bringing a claim for proprietary estoppel:
• Limitation Act 1980
• Doctrine of laches
• Relevant case law
• Successful cases and lessons in how to win

This pre-recorded webinar will be streamed at 12:30pm on Monday 30th January 2023 and will remain available to view by delegates who have registered by then for 90 days.