Property Rights And Inheritance

Summary

Bill may have a claim to the house through proprietary estoppel, as he relied on Alfreds promise and made improvements. Consulting a solicitor with expertise in inheritance and property law is essential for a detailed assessment.

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As Alfred became weaker, he gave Bill the keys to the house and told him the deeds were at the bank. Eventually, Alfred went into a care home where he died some months later. Bill continued to use the house for music lessons. Alfred left no will but only a letter stating that he wished Bill to have the house. Alfred’s next-of-kin is Clare, a cousin, who has asked Bill to hand over the keys to the house. Bill told Clare that Alfred wanted him, Bill, to have the house. Clare replied that she needed all the proceeds of sale of the house to fund her children’s education. Alfred asked Clare to give him half the proceeds but Clare refused to give any money at all to Bill. Advise Bill whether he has any claim against Clare for a share in the proceeds of sale of the house.
Bill may have a claim under "proprietary estoppel," which can arise when someone acts to their detriment based on a promise made by another, expecting to receive some benefit. Key points to consider:
- Bill relied on Alfred's promise and made improvements to the house.
- A letter expressing Alfred's wishes may support Bill's claim.
- Legal advice is crucial to assess the likelihood of success in court.
Bill should consult a solicitor experienced in inheritance and property law to explore his options further.
the deed was unregistered - so its only equitable
Given the situation, Bill's claim could potentially be supported by "proprietary estoppel," especially since he relied on Alfred's promise and made improvements to the property. Here are some points to consider:
- Proprietary estoppel can apply where someone has been led to believe they will acquire rights over a property and acts to their detriment based on that belief.
- Bill's improvements and the letter from Alfred expressing his wishes may strengthen his claim.
- Consulting a solicitor with expertise in inheritance and property law is essential for a detailed assessment.
If you have further questions or need more specific guidance, let me know!