Equitable Estoppel Claim

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Are you considering a Equitable Estoppel Claim?

About Equitable Estoppel Claims

At Barwick Boitano Lawyers, we understand the complexities involved in making an equitable estoppel claim against a deceased person’s estate. If you have reasonably relied on a promise or representation made by a loved one regarding their estate or assets, and have suffered detriment as a result, our experienced team is here to guide you through the legal process and protect your rights.

Our skilled lawyers are well-versed in NSW succession law and can assist you in making an equitable estoppel claim. We understand that these cases often involve sensitive family dynamics and require careful consideration of the specific circumstances and evidence.

Our team will work closely with you to understand the details of the promise or representation made by the deceased, the nature of your reliance, and the detriment you have suffered as a result. We will then build a strong legal strategy to present a compelling case to the court, demonstrating the elements of an equitable estoppel claim.

If your claim is successful, the court may grant an equitable remedy, such as enforcing the deceased’s promise or representation, awarding you compensation for the detriment suffered, or transferring a portion of the deceased’s estate or assets to you.

We understand the emotional and financial toll that these situations can take, and we will handle your case with the utmost professionalism and compassion. Our goal is to ensure that you receive the rightful inheritance or compensation you are entitled to based on the deceased’s representations.

Don’t let a broken promise jeopardize your future. Contact Barwick Boitano Lawyers today to schedule a consultation and take the first step towards protecting your rights and securing your rightful inheritance.

Equitable Estoppel Claim in New South Wales (NSW)

An equitable estoppel claim in NSW arises when a person (the claimant) has reasonably relied on a promise or representation made by a deceased person (the deceased) regarding their estate or assets, and the claimant has suffered detriment as a result of that reliance.

The key elements of an equitable estoppel claim are:

Representation or promise: The deceased made a clear and unambiguous representation or promise to the claimant regarding their estate or assets.
Reliance: The claimant reasonably relied on the deceased’s representation or promise, often to their detriment.
Detriment: The claimant has suffered a significant detriment or disadvantage as a result of their reliance on the deceased’s representation or promise.

If these elements are established, the court may grant an equitable remedy to the claimant, such as:

Enforcing the deceased’s promise or representation, even if it contradicts the terms of their will or the laws of intestacy.
Awarding compensation to the claimant for the detriment suffered.
Transferring a portion of the deceased’s estate or assets to the claimant.

Equitable estoppel claims are complex and require careful consideration of the specific circumstances and evidence. It’s crucial to seek legal advice from experienced professionals to assess the merits of the claim and navigate the legal process effectively.

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