After an initial briefing of your matter, we will provide you with a preliminary quote.
We look into all aspects of your matter and suggest the most viable path for you.
The Chamberlains team will work tirelessly to reach the best possible outcome for you.
At Chamberlains, our specialist lawyers have extensive experience with claims in equity. Equity encompasses the principles of justice and fairness in the law. Equitable claims can arise where unfair or unconscionable situations occur in your personal affairs or the affairs of loved ones, including concerning Will disputes and where vulnerable persons are involved. If you need a Sydney lawyer to help you with your equity claim or dispute, Chamberlains is prepared to assist you. Examples of these types of claims include the following –
Equitable principles can be invoked where promises or agreements are made with a deceased person that has not been accounted for by the deceased or reflected in the Will. These claims include resulting or constructive trust claims, and equitable estoppel claims.
Resulting or constructive trusts arise when a person has an equitable interest in property owned by another person. Sometimes a common intention is held and promises are made about this between two people. Equitable estoppel works similarly. Estoppel aims to “stop” someone from acting (or failing to act) in a certain way, such as reneging on a promise that is relied on by another person and acted upon to their detriment or loss.
An example where these claims could arise is when an adult child makes significant contributions to the parent’s home on the parent’s assurance they will gift their home to that child in their Will. When the parents die, it turns out the property is to be gifted to someone else or split up between all the children.
This situation can also arise outside of deceased estates. For example, a parent pays large sums of money to an adult child because of a promise the parent can live at the child’s property in a granny flat for the rest of their life, but the relationship has broken down and the child wants the parent to vacate.
We provide legal advice to the NSW Trustee, Public Guardian, parents and other family members concerning the protection of persons subject to incapacity, the recovery of money and other property wrongfully obtained by the misuse of powers of attorney, enduring guardianship appointments and other fiduciary relationships.
Our commitment to providing top-notch legal services extends to our Sydney offices. We have carefully handpicked the most highly specialised and talented lawyers to ensure our clients receive the best possible legal advice and support.
Call us at +61 2 9264 9111
Email us at hello@chamberlains.com.au
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