Claims in relation to property

During the administration of an estate, disputes can arise in relation to the ownership of property, particularly where someone has contributed to the purchase price or mortgage but is not named as a ‘legal owner’, or is named as a legal owner, but is claiming a greater share in the property.

Resolving estate property disputes

Alternatively, an individual may believe that they were promised land or property, perhaps by a family member or close friend prior to their death, and relied on that promise when making decisions in relation to their current circumstances and financial future.

If this promise is subsequently reneged on, they may have suffered loss. In these circumstances, it may be possible to bring a legal claim to assert an interest in the land or property, so that any financial or other contribution is not lost, and they are not unfairly disadvantaged.

A first-rate reputation, handling cases with calm diplomacy.

Legal 500

Disputes of this type can arise either during the lifetime of the legal owner of the property, or after death. The appropriate legal action that can be taken and the eventual outcome achieved will depend on the facts of each case, the nature of the promises made, and the available evidence.

Our highly regarded team of contentious probate solicitors is well-equipped to be able to advise you on the evidence required in your case and the merits of any such claim.

We have specialist experience in dealing with all types of disputes, both in England and Wales and internationally. We act for beneficiaries, executors and trustees – including individuals and trust companies.

How we help our clients

Disputes about entitlement to benefit from property

Claims that property has been promised to a person (proprietary estoppel)

Disputes regarding co-owners’ respective shares in a property

Protecting property interests by entries on the title

Land Registry proceedings for disputed entries on the title

Recent work highlights

Siblings’ property claim

Successfully defending a claim that a property left to our client in a will was held on trust for the benefit of the deceased’s siblings.

Successful mediation

Advising on the defence of a claim that our clients’ property had been promised to another, and mediating a resolution, including a removal of the unilateral notice which had been entered on the property title.

Will validity dispute

Acting on behalf of the son, who was executor of his late mother’s estate, in relation to a dispute between his three brothers regarding the validity of their mother’s will.

Negligent property transfer

Reversing a mistaken transfer of property into a trust as part of a scheme intended to save inheritance tax, which resulted in our client losing the right to remain in her home, where she has lived since the 1960s, rent free.

Gifted property dispute

Defending a claim that a property gifted to our client by his mother was held on trust for his stepfather, and had been purchased using joint funds.

Property ownership claim

Bringing a claim for ownership of a property, based on showing contributions to the property, upkeep and capital works, against the evidence of the legal title.

Joint tenancy ownership claim

Acting for the executors of an estate where a property held as joint tenants was never severed, despite the couple leaving their ‘share’ in their wills, successfully defending the ownership of the property in the survivor’s estate.

Joint tenancy ownership claim

Acting for the executors of an estate where a property held as joint tenants was never severed, despite the couple leaving their ‘share’ in their wills, successfully defending the ownership of the property in the survivor’s estate.

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