What is proprietary estoppel?

Proprietary estoppel is a claim where the applicant claims a right to land belonging to another party, in circumstances where the applicant has been led to believe, by a promise (by words or conduct) by the other party, that they have or can expect to be given an interest in the land.

What can I do if I have been left out of a will or I am unhappy about my share?

If the will does not reflect a promise made by the deceased before his or her death (such as a promise to transfer land or property) you may have a proprietary estoppel claim. You also might want to look at whether there is any possibility of making a challenge to the validity of the will or whether you have an Inheritance (Provision for Family and Dependants) Act 1975 claim.

How much does a proprietary estoppel claim cost?

It is difficult to say how much the total cost of a proprietary estoppel claim will be as it will depend upon what work needs to be undertaken to conclude the matter and how the other parties deal with the claim. The overall cost of court proceedings can vary from a few thousand pounds to many tens of thousands of pounds. Depending on the circumstances of the case, we generally always try and settle our clients’ cases outside of court to keep costs to a minimum for our clients. This also means our clients have as much control as they can over any settlement reached. We appreciate that the cost of obtaining legal advice or pursuing or defending a claim is often a great concern to clients. Depending on the circumstances of your case, we may be able to offer you alternative funding options, such as "no win, no fee" or a deferred payment arrangement.

Can a proprietary estoppel claim be made in relation to any type of property?

Yes. While proprietary estoppel cases are common in farming families, proprietary estoppel does not only apply to the farming sector. In the cases of Wayling v Jones [1995] and Lothian v Dixon [2014], the claimants successfully claimed proprietary estoppel in respect of the deceased’s hotel businesses.

Broken Promises and Proprietary Estoppel

Advising on proprietary estoppel claims and how to enforce a broken promise if a will does not reflect a promise made.

Disputes can arise after a person's death if a will does not reflect a promise made by the deceased before there death – such as a promise to transfer land or property. It may be possible to enforce a promise that is not subsequently fulfilled in a will.

Proprietary estoppel is an equitable remedy and requires the claimant to show:

An unambiguous promise by words or conduct
Reliance on that promise to the claimant's detriment
That it would be unjust or inequitable to allow the other party to go back on the promise

A proprietary estoppel claim could arise where, for example, a father promises to his son that he will give him the family farm and, relying on that promise, the son works on the farm for many years on a low wage. If the father does not subsequently transfer the farm to his son, his son could have an estoppel claim against his father (or his father’s estate).

How to enforce a broken promise on a will

Constructive trust claims

A person may have a constructive trust claim on the basis that he or she has an ownership interest in a property. These claims are governed by the Trust of Land and Appointment of Trustees Act 1996. To establish a claim under a constructive trust you need to show that there was an agreement or an arrangement to grant ownership and establish:

A common intention
Detrimental reliance
Unconscionable denial of rights

For example, if John owns a home in which he and his partner Jennifer live together, and Jennifer contributes to the monthly mortgage repayments and spends a significant amount of money on renovating the property, Jennifer may have an interest in the property in "equity" because of her contributions.

Resulting trust claims

A resulting trust arises where property is held by one person legally, but as a matter of fact it belongs to another. For example, if a property is purchased in John's name, but Jennifer provided the monies to fund the purchase, Jennifer is the beneficial owner of the property, and a resulting trust would arise.

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Whether you need to dispute a will or defend your inheritance, our expert team will work with you to achieve the best result. Contact us on freephone 0800 0931336, by email at willdisputes@ashfords.co.uk or via the contact button below for a no obligation chat and to see how we can help.

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