Q&As

Where there is a possible dispute in relation to Will contracts and proprietary estoppel, what is the limitation period for the issuing of proceedings and what, if any, action can be taken to speed up proceedings in order to distribute the beneficiaries' funds as soon as possible?

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Published on LexisPSL on 18/09/2014

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Where there is a possible dispute in relation to Will contracts and proprietary estoppel, what is the limitation period for the issuing of proceedings and what, if any, action can be taken to speed up proceedings in order to distribute the beneficiaries' funds as soon as possible?

Where there is a possible dispute in relation to Will contracts and proprietary estoppel, what is the limitation period for the issuing of proceedings and what, if any, action can be taken to speed up proceedings in order to distribute the beneficiaries' funds as soon as possible?

Where it has been intimated that a claim will be made against the deceased's estate the executors of the estate are unlikely to be willing to distribute the estate until this has been resolved.

One possible claim is where the claimant alleges that they entered into an oral contract with the deceased reallocating the estate, or that the deceased promised that he would change his Will to reflect that promise/representation and so is bound by proprietary estoppel.

The following Practice Note: Probate actions—Will contracts gives an overview of Will contracts and estoppel

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