A Journey through Loss and Litigation: Episode 2 – Alex Troup KC & Alex Learmonth KC

In this episode Emily Roskilly of Roskilly & Co speaks with leading Counsel, Alex Troup KC of St John’s Chambers and Alexander Learmonth KC of New Square Chambers about adult child and those brought by dependants for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”.) There is also a discussion about proprietary estoppel claims. The episode beings with exploring the key legal principles in relation to the Inheritance Act, a discussion on how these types of claims specifically are confined to what is required for “maintenance” and there is discussion on funding these claims, the costs and potential settlement. The podcast then moves on to discuss the key legal elements which need to be established when considering a proprietary estoppel claim, for instance, with regard to the promise or assurance made and detrimental reliance and what likely award can be provided in these types of claims. Topics such as the value of early settlement and mediation are also explored highlighting the benefits of avoiding lengthy and costly litigation.