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Private Wealth Disputes

Lifetime Promise Disputes

What is a Lifetime promise?

It is not uncommon for someone to make a promise to another person as to what will happen with their property, often after they have died.  These promises can be carried out in their Will. 

But what happens if they don’t make a Will and as a result, property that you were promised passes to someone else?  It might be that the person who has died made a Will that passes the property to someone else and breaks the promise. 

How Roythornes can help

In these circumstances, we may be able to bring a claim on your behalf to get the property that you were promised.  Whether you can do this will depend on a number of factors, including the nature of the promise, whether you relied on the promise and whether this was detrimental to you in costing you time or money.

Some common examples are:

  • You worked on a farm or landed estate for little or no money on the basis that you were promised that it, or part of it, would eventually pass to you but didn’t;
  • You agreed to carry out renovation works on a property on the basis that you would ultimately get it but didn’t;
  • You gave up a job or sold your property to move in and care for a family member or friend on the assurance that you would receive a share of their property but didn’t;
  • You lived with someone for a long period and contributed to the mortgage, maintenance or renovation costs on the basis that you would get a share of the property;
  • You lived with someone as a couple (married or not) and they promised you that you could remain in their property even after they died, or you have nowhere else to go.

It may alternatively be that you receive a property or land under a Will or the intestacy rules (where someone dies without a Will) and someone else alleges that they have a right to it.

Our team is very experienced in bringing or defending these claims.  They will endeavour to get them resolved as quickly as possible, whether this is through negotiation or court proceedings.