Is This Really Basis For An Estoppel Claim?

[ANewDawnTonight]

I am hoping someone will take the time to answer, as I feel the need for a 2nd, 3rd and 4th opinion!
I will give as many details in as brief a format as I can..

I have inherited a property from my father who died intestate. Letters of Admin were completed with Solictor and the 6 month claim period is also over.
This property is currently occupied by my fathers nephew who despite my giving him 1 months notice, has not vacated and is now refusing to leave. He recently sought Solicitors advice and they informed mine that the nephew will continue to reside in the property according to his uncles (my fathers) wishes as my father had indicated to him that he would be entitled to live in the property for the rest of his life. To add to this, on several occasions my father had verbally told him that the property would be left to him (apparently).
My Solictor referred me to her Litigant Colleague who seemed to think that the only procedure to take would be to issue a court order for eviction, which would be defended by the nephew on the basis of the information above. The word Estoppel was mentioned briefly, so I am assuming this would be the claim the nephew would be going for?
My Solicitor told me that his chances of success are likely, and my best option would be Mediation.
I have a hard time believing this and have done as much research as I possibly can on Estoppel cases but the outcomes do seem to be widely varied.

I would really appreciate some more opinions on this as I am being warned that I could be faced with £20,000 + court fees with not much chance of winning.
I do not know the nephew at all, only met him a handful of times so can only tell his background as I have been led to believe by him.
My father purchased the property, the nephew moved in with him and contributed money each month towards payment of bills.
I do not understand why my Solicitor would think that this would be a good basis for a claim.
Can anyone advise?

Thanks in advance.

[ANewDawnTonight]

Yes but he was an unusual person...lot's of pauses. I came out feeling a bit gobsmacked more than anything, more interested in telling me what I need to do rather than the reasons why.
The Nephew is off this weekend to visit his 4 adult sons.. the "nephew" is actually the same age as my Father, 59 - his sister is 20 years older than him in case that sentence confused you! Maybe I should just throw caution to the wind and lock him out. lol.

[tamborine]

 ".....Instead I have had text messages stating that the house would be mine, and more recently a query as to whether he could purchase the property....."

Txt messages is evidence permissible in Court.

Nephew is trespassing if not paying rent. Check with police before entering property. Or snip tv aereal ;)

[woofgang]

not to rain on your parade, but
1. If I was the nephew i would say that i didn't know about estoppel until after I had sent those texts and that I HD been promised the house but didn't think there was anything I could do about it.

Secondly I don't think that the question of trespass is as cut and dried as that.

[whiskeryron]

I know nothing about law but would merely put forward a question,
If you were able to get the Nephew to agree to pay you rent on an official basis could you tnen stipulate the period of rental & principally if he agreed would this not be an admission by him that he did not own the house ?

[woofgang]

Ron???? can you honestly envisage that happening? Either he really believes that he was promised the house and therefore he'll refuse to pay rent, or he's on the fiddle and will be too fly for that one.

[ANewDawnTonight]

Ron, good point. I think if I had done that orginally I wouldn;t be in the position I am now - unfortnately my Solicitor didn't make me aware that something like this could arise, bad on their part I think.
He most definately is on the fiddle, whether he knew an Estoppel claim existed or not, you would have thought he would have mentioned the house to me anyway even if he didn't think there coud be anything done, don't you think?

[lcg]

get in there, change the locks and chuck him out. the nephew is a chancer and is threatening you with what is essentially legal blackmail!it's your house, he doesn't pay rent and has no physical evidence of a contract to be there......if said nephew also does not have a lot of money, what is he going to be paying legal fees with? answer: nothing. he is going on a wing and a prayer that he will get something out of you.wait until he buggers off and then kick him out.

[tamborine]

"...Letters of Admin were completed with Solictor...."

If above means you are registered sole beneficiary at Probate Registry then its too late for cousin's estoppel.

[woofgang]

Tambo, no its not.

[ANewDawnTonight]

Icg that is exactly my point of view too..sadly my Solicitor didn't seem to agree.. but then again if he had agreed with you and I he would lose his oportunity to earn £200 an hour from me - so unfortunately although I should rely on their professional opinion, you also have to take everything with a pinch of salt, which is why I came on here really.
Tambo, you are the first person that has said anything like that to me, how do you know for sure that is the case?