Equitable Claims Solicitors in London, Birmingham and Northampton

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The Court resolves equitable claims based on the equitable principles of fairness and justice which means that even if the assurances made by your loved one didn’t make it into their final Will, you may still be able to get what you were promised by challenging the Will. We have a variety of legal remedies at our disposal and we can help you make an equitable claim alongside other claims under the Inheritance (Provision for Family and Dependants) Act 1975.

We understand that the legal concepts surrounding equitable claims can be complex and confusing, so once we know more about you and your case, our team will work with you to ensure that you have a clear understanding of your situation and your options. With Witan Solicitors by your side, you will benefit from the knowledge and support you need to make the right decision about your case.

If you would like to discuss equitable claims with a contentious probate expert, you can contact our specialist solicitors in London, Birmingham and Northampton on 0300 303 2071 or at info@witansolicitors.co.uk with more information about your case. Your initial, no-obligation consultation is free of charge. 

Types of Equitable Claims We Can Help With

With over 100 years of combined experience in handling contentious probate, our team has the capacity to guide you through any dispute with compassion and expertise. We can work with you to bring an equitable claim in matters involving:

Promissory and Proprietary Estoppel

An estoppel is a legal remedy that prevents a person from going back on their promise if doing so would be unfair to the other party, especially when the claimant has relied on that promise in their decisions. A common example of this is a father who owns a farm and promises to leave it to their son upon his death, so their child works on the farm without getting paid with the idea that they are investing in something that will belong to them in the future. If the father breaks that promise in their Will this would be considered unjust towards the son who has invested years of their life into the farm based on the assurance from their father. 

There are various types of estoppel with the two most commonly used, being promissory and proprietary estoppel. The main difference between the two types is that in proprietary estoppel a proprietary right is promised to the claimant, whereas in promissory estoppel the claimant is promised an enforceable power or right.

Constructive Trusts

Constructive trusts usually apply when the surviving half of a couple is left out of the Will of the deceased, despite informal arrangements between them during their cohabitation. For example, if one partner buys a house in their name but the other half pays the mortgage and invests in the subsequent home renovations, after the property owner’s death, their surviving partner can make an equitable claim for that property if they haven’t received a fair share in the Will. In this case, the court would consider that it would be unfair to the surviving partner if they were left without inheritance due to their significant financial involvement in enriching the estate. 

Resulting Trusts

If the claimant has contributed significantly to the purchase of the property or asset owned by the deceased (for example, buying a car in someone else’s name), and there is no evidence that this was intended to be a gift or a loan on the part of the claimant, this is considered a resulting trust. Resulting trusts are easier to prove than constructive trusts because a clear financial trail usually is sufficient to prove the claim.

Death Bed Gifts

There is a legal principle called ‘donatio mortis causa’ or “death bed gift” that allows a person to gift money or property to another where the gift takes effect upon their death. By doing so, they can bypass the standard legislations and requirements regarding Wills. Any gifts made by the donor do not pass through their estate which can give way to claims by other beneficiaries. We can help make or defend death bed gift claims as needed.  

Proving Your Equitable Claim

To make a successful equitable claim, you must be able to demonstrate to the court that:

• A promise has been made to you by the deceased
• You relied on that promise and suffered a loss as a result (e.i. Invested in the property expecting to inherit it but didn’t) 

The Court will then attempt to make a fair decision based on a number of factors, including:

• How long was the time between the promise being made and the promise being broken
• Was the deceased in a position to make such a promise
• Would breaking the promise be unfair and unjust to you

Winning Your Equitable Claim 

If the Court rules in your favour and your equitable claim is successful, then you may receive the following:

• Transfer of property or a share of the estate as promised
• Financial compensation from the estate for any losses incurred

To ensure that the promise made to you is upheld and that you receive the part of the estate or trust that you were entitled to, speak to our equitable claims experts as soon as possible.

Why Choose Witan Solicitors? 

• 100+ Years of Combined Experience: Your case will be in the hands of a team with over a century of combined experience under their belt
• Established in 2014: Witan Solicitors have been building strong relationships with our satisfied clients for over a decade
• Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
• Industry Experts: Self-improvement is the key to success so we never stop developing our expertise in the industry
• Multilingual Support: If English is not your first language, our team can offer legal advice in more than 10 languages
• Litigation experts near you: Our experienced litigation solicitors have offices based in Birmingham, London and Northampton

Are you still considering whether Witan Solicitors are the right solicitors for you? Find out how we work without any obligation – benefit from your first consultation for free – call us on 0300 303 2071 to talk about your equitable claim.