How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

hi, this is a probate question.does a will defeat adverse possession

Customer Question

hi, this is a probate question.does a will defeat adverse possession especially where the adverse possession arises after the last will and before the death of the testator.
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Can you explain your situation a little more please?

JACUSTOMER-ndn68v52- :

it would take too long. suffice it say that the matter concerns a daughter and a mother and property.

JACUSTOMER-ndn68v52- :

I await your advice

JACUSTOMER-ndn68v52- :

If you don't have the answer, then tell me and I will not pay.

JACUSTOMER-ndn68v52- :

you have not answered my question yet.and now I see that you are off line. is this a genuine site. I hope that I dont have to pay for this.

JACUSTOMER-ndn68v52- :

when are you going to give advice?

Max Lowry :

Hello. You've rated poor service and I'm not sure why. I asked you if you would explain the situation a little more so I can help you specifically with your problem.

Max Lowry :

If you want a generic answer I can give you one but I can tailor my information specifically to your facts if you would like me to.

Expert:  Clare replied 3 years ago.
Hi
My colleague is correct without a little more detail about the circumstances of the Adverse Possession it is impossible to comment in any meaningful way - but if you give those basic details I am sure that we will be able to assist
Claire
Customer: replied 3 years ago.

I have alrEADY GIVEN MORE INFO BUT YOU OBVIOUSLY DID NOT GET IT .


FURTHER INFO;


A [testator}promises farm to B. Consequently B sets up her farming enterprise on farm and continues to farm till death of A.


When A dies B discovers she has left farm to C.


aT DATE OF DEATH B HAS BEEN FARMING 14 + YEARS ON FARM.HenceTHE QUESTION :can a will defeat possession by estoppel or adverse possession where adverse possession arises during the 14 year period. date of death of A =1994. Last will dated 1988.


can you now give advice.?


ELIZ.

Expert:  Clare replied 3 years ago.
Hi
Thank you for that
Yes in fact such circumstances form the basis of many such cases - you can read about such matters here
http://www.stjohnschambers.co.uk/wp-content/uploads/2012/07/Proprietary-Estoppel-and-Constructive-Trust-Claims.pdf
Indeed Farms and Farming form th ebasis of most of such claims
I hope that this is of assistance - please ask if you need further details
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice