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Proprietary Estoppel - FAQs

What is an estoppel?

Estoppel is a principle of justice and of equity which provides, in very basic terms, that “…when a man, by his words or conduct, has led another to believe in a particular state of affairs, he will not be allowed to go back on it when it would be unjust or inequitable for him to do so” (Lord Denning MR in Moorgate Mercantile v Twitchings 1977)

What is proprietary estoppel?

Proprietary estoppel is a claim where a party claims a right to land belonging to another party, in circumstances where the claimant 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 is promissory estoppel?

Promissory estoppel is a claim where a party has, by words or conduct, made a promise to another party which relates to the legal relations between them. Once the other party has acted on that promise, the promisor cannot then afterwards act as if the promise had not been made.

If you would like advice on this or any other inheritance or trust dispute, please contact our Disputed Wills and Trusts Team on freephone 0800 0931336, or by email willdisputes@ashfords.co.uk for a no obligation chat to see how we can help you.

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