If someone left you out of their Will or promised you would inherit property or assets, and you were relying on that promise to your detriment, you may have a claim based on something called ‘proprietary estoppel’. While this area of law can be complex, it exists to protect people who feel they have been unfairly let down after making significant life decisions based on reassurances about their inheritance.
At Bowsers Solicitors, our experienced contentious probate and dispute resolution team regularly help clients who find themselves in this difficult situation.
In this article, we explain what proprietary estoppel is and when it might apply. We also explain how we can help if you believe the deceased promised you would inherit, but this was not disclosed in the Will.
What is Proprietary Estoppel?
Proprietary estoppel is a legal principle (primarily concerned with property) that provides a remedy (or claim to an estate) when one party has relied on a promise or assurance given by another, leading to detriment when that promise or assurance is reneged on. There are three key elements:
- Someone made you a clear promise or assurance, either explicitly or implicitly, suggesting that you would inherit, or would have, an interest in the property.
- You relied on the promise or assurance, leading you to act in a way that you would not have done but for the promise or assurance. The reliance must be reasonable and linked directly to the promise or assurance.
- You must have suffered detriment as a result of your reliance on the promise or assurance. Detriment can take many forms and does not have to be financial.
When Might Proprietary Estoppel Apply?
Proprietary estoppel could apply, for example, if you have been promised the family home or farmland in return for years of low or unpaid work. If that promise is not kept after the person dies, you may be able to bring a claim based on proprietary estoppel. Other common examples include:
- Caring for an elderly relative full-time, without pay or for minimal payment, after being assured that property or an interest in property would be left to you.
- Giving up a career or other opportunities to help manage someone else’s property or affairs.
- Making financial contributions towards property improvements or mortgage payments, based on a promise that you would inherit it.
The key is that the promise must have been explicit enough for you to rely on, and you must have suffered a real disadvantage because of that promise not being kept.
How is Proprietary Estoppel Different from Contesting a Will?
You can contest a Will on grounds like lack of capacity or undue influence – read our previous article: “How to Contest a Will in the UK”. However, with proprietary estoppel, you are not necessarily disputing that the Will is valid. Instead, you are arguing that the deceased made promises to you during their lifetime, and it would be unfair if those promises were not kept.
In some cases, a proprietary estoppel claim can be made even if there is no Will, or if the property passed outside the estate (for example, through joint ownership rules).
Is There a Time Limit for Making a Claim?
In most cases, there are no strict time limits for bringing a proprietary estoppel claim. However, delaying a claim can weaken your case, and evidence may become harder to gather over time. If you believe you were made inheritance promises that were not kept, contact a solicitor with specialist understanding in this area of law to discuss your options and protect your interests.
Will I Need to Go to Court?
Not necessarily. Many proprietary estoppel claims are resolved without the need for court proceedings, through alternative dispute resolution (ADR) methods, such as negotiation or mediation. This approach is often quicker, less expensive, and less stressful for everyone involved.
At Bowsers Solicitors, we always explore whether a dispute can be settled amicably through ADR before considering court action. Although we have an excellent track record of resolving cases using these methods, in circumstances where a claim cannot be resolved through ADR, we also have the means to support our clients in court.
What Happens if My Claim is Successful?
Depending on the nature of the claim, the court has flexibility in determining what remedy is appropriate, taking into account the promises made to you. For example, this might include:
- Transferring ownership of promised property or land to you.
- Awarding a lump payment.
- Giving you the right to live in the property for a certain period.
- Providing some form of compensation for the detriment you suffered.
However, there are no strict rules about what will be awarded in a successful claim. The court’s aim is to do what is fair in the circumstances and in line with the facts presented.
How Can Our Inheritance Dispute Solicitors Help?
Proprietary estoppel claims can be legally complex and emotionally challenging at an already stressful time. At Bowsers Solicitors, our team of inheritance dispute specialists have considerable expertise in resolving conflicts relating to Wills, trusts, and estates for clients across March, Wisbech, and the wider Cambridgeshire area. In addition, we can assist in defending against challenges to a Will or the distribution of assets.
If you believe you have a claim based on proprietary estoppel, or if you are facing a dispute over inheritance, get in touch with our experienced and approachable team.
We can provide clear, practical advice on your situation and help you decide the best way forward based on your legal position.
If you are looking for contentious probate advice, please contact us today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form to request an appointment.
This article is for general guidance only and is not intended as legal or professional advice and information may have changed since this article was published.
