Promissory Estoppel,using this as defence in court claim. HELP/SUGGESTIONS NEEDED

[Victoria19]

I am deafening myself in a claim in the county court which is to be heard by a district judge. Promissory Estoppel fits the circumstances but unsure whether can be used at county court trial. Any help appreciated or where best to redirect my post

[MIKE770]

not a GOODFF is it ?????????????ahhhhhhh

[MIKE770]

real information needed about a possible case against you what is it all about?

[MIKE770]

Promissory estoppel is the doctrine that prevents a party from acting in a certain way because the first party promised not to, and the second party relied on that promise and acted upon it. In English law, a promise made without consideration is generally not enforceable, and is known as a gratuitous promise.

[Victoria19]

An arrangement made with my parents to have £10,000 per year from the value of their property to support them to be able to stay in there own home due to their ill health. A hand written letter was sighed to that effect, I supported them for 5 years not returning to full-time work. My siblings are now wanting monies returning to the estate as beneficiaries, hence the county court hearing.
Promissory Estoppel or something along theses lines required for defence.

[Crazy council]

Need mroe details

Are the parents still in the property, or in a home were theres fees due, or is it therer estate your on about. Theres a very big difference in how youowuld approach it.

If its an estate/will there are will/estate specialist that post on here with very current knoledge of the laws/regs. Put full details down, like whos exec of the estate, what was the devision of the will.

A hand written letter was sighed to that effect, I supported them for 5 years not returning to full-time work.

when was that letter signed/agreed. was it whitnessed by anyone

[Victoria19]

Hi,
both parents are deceased, I hold the letters of administration (executor).
intestate, I am a beneficiary along with 5 siblings. The money was taken by a life time mortgage a year before they passed.
The property has now been sold and proceeds to be divided by the 6 beneficiaries. Siblings are wanting the life time mortgage amount paying back into the estate amount claiming it should not have been taken.
The agreement and letter was singed in 2011 and was not witnessed.

[Crazy council]

Hi

great information, give it a day or so for some of the other more expert in this area to add in, weekend and mondays people are busy, and sorting out wills withing familys can be a nightmare for the person doing it,

I will ask one of the admins to chase up some of the mnore knoledgable people.

Kati ?

[Kati]

maybe Peridot ??

[Peridot]

Hi Victoria19,

I'm sorry to hear about your parents and the subsequent problems.

So to clarify, you lived with your parents and provided care for them which was an arrangement you agreed with them rather than going into full time work?
What was the 'care and support' you were providing them include.

The actual wording of the agreement made in 2011 is relevant. Who prepared it? Did your parents have capacity at the time it was made. Can you provide a bit more information on this please. What was the arrangement they were suggesting. Is the document dated and signed by both of them? If you have any further information about advice that was sought at the time of the agreement etc.

Can you explain why the mortgage was entered into last year and not at the time of the agreement? Did you receive any monies prior to the mortgage being taken out?

Have your siblings made a claim against the estate or is this something that has just been discussed between you all so far? Promissory estoppel can be difficult to prove and you may need some specialist help with this if it appears you may have a claim. Hopefully we'll be able to point you in the right direction.