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  1. What we do at a glance: Purchases Sales Secured lending and remortgages Equity release Gifts and Title transfers Shared ownership schemes Corrective conveyancing Wills Powers of Attorney Estate Administration (Executry / Probate) Estate Planning Advice (keep family money and assets in the family) Discretionary Trusts

  2. A Power of Attorney provides a mechanism by way of simple document where you can appoint someone to look after your financial affairs and/or personal and welfare affairs. Its effect in relation to financial affairs can be either immediate or delayed until incapacity; it can be effective in relation to your personal and welfare affairs only on ...

  3. Contact Shaw’s Law. For more information on our services then please do not hesitate to make contact using the details provided below: Tel: 01631 705007 or 01631 562317. Fax: 01631 201324. E-mail: contact@shawslaw.co.uk.

  4. Mar 19, 2024 · How can we help? Neil Shaw is a solicitor with more than 30 years’ experience in advising on trusts, wills, and estate planning. If you would like to set up a lasting power of attorney or require any other advice on these areas of the law, contact Neil on 0113 244 0876 or ku.oc 1728646952.fcl@ 1728646952 wahsn 1728646952.

    • The Principles
    • Quality of The Assurance
    • Detrimental Reliance
    • Wide Discretion
    • No Hard and Fast Rule

    As a reminder and as set out by Lord Walker in the leading authority of Thorner v Major [2009] UKHL 18, the legal principles of proprietary estoppel are: 1. a representation or assurance made to the claimant 2. reliance on it by the claimant 3. detriment to the claimant as a result of his/her reliance All three elements must be satisfied to bring a...

    In McDonald v Rose and Others [2019] EWCA Civ 4(where we acted for the Court appointed Administrators, VWV Partners Michelle Rose and Mary McCrorie), the Court of Appeal rejected the appellant's claim that he was entitled to the lion's share of the family farming business in Wales as a result of promises made to him by his parents. Rebuttal evidenc...

    In James v James, the Court found that the claimant son was paid well for his work and could not be said to have suffered any detriment. Likewise, in Dobson v Griffey [2018] EWHC 1117 (Ch), the claimant's expectation of living at the farm for the rest of her life (after giving up her full time job to carry out improvement works) was not based, in t...

    The Court has a very wide discretion in terms of the remedies that it can award. The recent appeal case of Habberfield v Habberfield perfectly illustrates this. Lord Justice Lewison referred to the importance of proportionality between the detriment and the remedy but emphasised that the Court, when deciding how to satisfy an equity, must "exercise...

    The merits of each case turns on its own facts and circumstances. The context in which the assurances are made is key. Success depends upon how the evidence emerges and the credibility of the witnesses. Poor witness evidence and lack of contemporaneous documentary evidence is so often the stumbling block to a successful claim, the claimant instead ...

  5. Access our experts in consumer law, travel, motoring, landlords & tenancy, wills & probate and more. Get clear guidance on your next steps from experts you can trust. Unlimited calls – speak with us as often as you need. Cover for your whole household.

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  7. Whatever your legal issue, Shaw will look to assist you with resolving your property problem. Whether you require the services of Shaw, a qualified barrister (regulated by the Bar Standards Board) to advise you legally with a problem and provide you with an Opinion, or where you seek a claim for an injunction or damages or are looking to defend ...

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