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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34485
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 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 4 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 4 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 4 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