Understanding the role of proprietary estoppel within estate planning and Will disputes is crucial for those who might find themselves unexpectedly excluded from a Will or who have been assured specific inheritance rights that are not reflected in the formal legal documents.

This principle plays a vital role in ensuring that promises made about property or inheritance are upheld, even if they are not formally documented.

What is proprietary estoppel?

Proprietary estoppel is a legal concept designed to enforce promises regarding property or inheritance based on three core elements:

1. Assurance: A property owner makes a clear and unequivocal assurance or promise that the claimant will obtain a right or interest over the property.
2. Reliance: The claimant relies on this assurance to their detriment.
3. Detriment: The claimant must have suffered a significant detriment in the expectation that they will receive the promised interest (e.g., investing money, providing services, or making life choices based on the assurance).

The key to proprietary estoppel lies in the promise or assurance made by the testator, whether expressed explicitly or implied through conduct. The detriment experienced by the claimant must be substantial and such that it would be fundamentally unfair or unconscionable to renege on the assurance.

We explore common scenarios where this principle is applied, the challenges involved in asserting such claims, and the potential legal remedies available.

Application in Will disputes

Proprietary estoppel often comes into play in Will disputes when a person (typically a family member or close associate), has been led to believe they would inherit a particular asset or portion of an estate, only to find that the formal Will does not reflect those assurances. Common examples include:

• Unwritten promises: The deceased verbally promised a property or asset to someone, who, based on that promise, took certain actions or made sacrifices.
• Family farms and businesses: A parent may have verbally promised the business or property to one of the children, who then worked in the business or maintained the farm expecting to inherit it.
• Changes in the Will: A person previously named in earlier versions of a Will is excluded in the final version. If they were assured they would inherit and acted to their detriment based on this assurance, they might have a claim.

Legal considerations and challenges

Proprietary estoppel can directly challenge the provisions of a Will if it can be proven that the deceased made clear assurances that were relied upon to the claimant’s detriment. However, proving proprietary estoppel is often very difficult and complex:

• The claimant must provide robust evidence of the assurance and their detrimental reliance. This often comes down to witness testimony and any written communications.
• You will also have to provide evidence as to the deceased’s intentions, which is often very challenging, especially if the assurances were not documented.
• If a claim of proprietary estoppel is successful, the court can order various remedies These may include the transfer of property, financial compensation, or other adjustments to the estate’s distribution to reflect the broken promise.

Conclusion

Proprietary estoppel can play a crucial role in disputes related to Wills and estate planning, especially when individuals believe they have been unfairly excluded or not adequately provided for in a Will. This legal principle helps address situations where promises or assurances about inheritance are made but not formally documented in the Will. Understanding how proprietary estoppel interacts with Wills can provide insights into potential remedies for those who find themselves aggrieved by the terms of a Will.

How TWM can help you

If you are facing challenges related to a proprietary estoppel claim or any other type of inheritance dispute, our dedicated Will, Trust, and Estate Disputes solicitors have the expertise and experience required in navigating the complexities of Will disputes.

For further information about how we can help you with your proprietary estoppel claim, please get in touch today.