If you have been promised property by a person who died but the promise was not reflected in their will, then you can ask your solicitor to make a claim in proprietary estoppel. If successful, a court may order that the promise should be upheld. Proprietary estoppel is an equitable claim meaning it is based on fairness and justice. Related equitable claims include those for a declaration or finding of a constructive or resulting trust in favour of the claimant.

What is proprietary estoppel?

Proprietary estoppel is a claim to enforce a broken promise. It can be used to challenge a will if you have grounds to believe that the deceased made a promise before their death, such as a promise to transfer property or land, but did not subsequently fulfil the promise in their will.

These claims often involve agricultural property. For example, suppose that a father promises his son that he will leave him the family farm when the father dies. Relying on that promise, the son works long hours on the farm with minimal pay. If the father does not leave the farm to his son in his will, his son could have an estoppel claim against his father’s estate.

How do you prove that a promise was broken?

It is not enough to prove that someone made a promise to you before they died. You must also show that you relied on the promise to your detriment or suffered some kind of loss, such as investing money in a property you thought you would inherit.

The court will look at various factors when deciding if a promise was made and broken, including:

– The length of time between when the promise was made and when it was broken
– Whether or not the deceased was in a position to make the promise and, crucially
– Whether it would be unfair or unjust to go back on the promise.

What happens if you are successful?

If your claim is successful, then the court may order that the promise should be upheld. This could mean that you receive a share of the estate or transfer of a property, or that you receive payment from the estate for any money you have invested in reliance on the promise.

It is important to seek legal advice about your rights if you believe someone has broken a promise made before they died. Your solicitor will be able to assess the strength of your claim and advise you on how best to proceed.

Constructive and resulting trusts in estate disputes

As well as claims to enforce broken promises (proprietary estoppel), it may be possible to bring a constructive trust or resulting trust claim against the estate to achieve fairness.

A resulting trust arises where the deceased owned a property or another asset such as a car, but the true owner of all or part of the asset is the claimant, as the claimant contributed to the purchase of the asset. The court will presume that a resulting trust exists unless there is evidence that the claimant intended to make a gift or loan of the asset to the deceased. Resulting trusts often are straightforward to establish because there is a clear financial trail.

A constructive trust is similar but more complex. It arises when the intention of the parties is not reflected in the legal ownership of an asset. For example, a constructive trust can arise if X buys the family home in their sole name but Y pays the mortgage and spends a significant amount of money on renovating the house. Y may be able to claim a share of the home on X’s death as otherwise, they would be unjustly deprived and X (or X’s estate) would be unjustly enriched.

How we can help

Our team of specialist solicitors has extensive experience in dealing with contentious probate disputes. We understand how complex and emotive these matters can be and are committed to ensuring that our clients get the best possible outcome. To arrange a confidential consultation, please get in touch today.