Claims to enforce the deceased’s promise (Proprietary Estoppel)
Disputes often arise when someone was promised a property or inheritance during the deceased’s lifetime, but the will - or the rules of intestacy - don’t reflect that promise. These situations can be deeply unfair, especially where the person relied on the promise and acted to their detriment.
Proprietary estoppel is a legal remedy that allows the court to enforce those promises. We help clients bring and defend these claims with clear, practical advice and a focus on achieving fair outcomes.
What Is Proprietary Estoppel?
Proprietary estoppel is a way of enforcing a promise relating to property. It applies where:
1. A promise or assurance was made about ownership or future inheritance of property.
2. The claimant relied on that promise, often over many years.
3. The claimant suffered detriment because of that reliance - for example, by working for low pay, investing time or money, or giving up other opportunities.
If these elements are met, the court can step in to prevent the estate from going back on the promise.
Common Examples of Promises Leading to Claims
Proprietary estoppel claims often arise in situations such as:
- A parent repeatedly telling a child they will inherit the family home.
- Someone working for decades in a family business on the understanding they will “one day take it over”.
- A partner being assured they will receive the property they helped maintain or pay for.
- A relative being encouraged to invest money or labour into land or property with the expectation of future ownership.
- A carer or close friend being promised a home in return for long-term support.
- These cases often involve long histories, informal conversations, and family dynamics that need careful handling.
What Counts as Detriment?
Detriment doesn’t have to be financial - although it often is. It can include:
- Working for low wages or no wages
- Paying for repairs, renovations or improvements
- Giving up employment or housing opportunities
- Providing long-term care or support
- Contributing to mortgage payments or household expenses
- Sacrificing independence or lifestyle based on the promise
The key question is whether the claimant changed their position because they believed the promise would be honoured.
How the Court Decides These Claims
Proprietary estoppel is flexible. The court looks at what is fair in all the circumstances. Remedies can include:
- Transfer of the promised property
- A lump-sum payment
- A life interest in the property
- A share of the estate
- Compensation for the detriment suffered
The court aims to strike a balance between honouring the promise and ensuring the outcome is proportionate.
How to Bring a Proprietary Estoppel Claim
Gathering Evidence
These claims often rely on a mixture of documents, witness evidence, and long-term patterns of behaviour.
Negotiation and Mediation
Many proprietary estoppel claims settle without going to court. Mediation is common and can be a constructive way to resolve disputes while preserving relationships where possible.
Court Proceedings
If settlement isn’t possible, we can issue or defend proceedings in the High Court. These cases are fact-heavy and require careful preparation - our team guides you through each stage.
What If the Will Conflicts With the Promise?
Proprietary estoppel can override the terms of a will. Even if the will leaves the property to someone else, the court can enforce the promise and adjust the estate accordingly.
This is why proprietary estoppel is often used alongside - or instead of - an Inheritance Act claim.
What If Probate Has Already Been Granted?
You can still bring a proprietary estoppel claim after probate has been granted. The key is acting quickly, especially if the estate is already being distributed.
We can advise on urgent steps to protect your position, including seeking disclosure, freezing orders, or issuing proceedings.
Costs and Funding
We offer several funding options depending on the nature of the claim:
- Pay-as-you-go with clear, transparent billing
- No win, no fee arrangements in suitable cases
- Disbursement funding to help cover upfront costs
- Deferred fees, in some cases, allowing costs to be paid at the end of the matter
Costs may sometimes be recoverable from the estate, depending on the circumstances. We will always explain the likely cost consequences at the outset.
Speak to Our Team
If you were promised property or inheritance and that promise hasn’t been honoured, our specialist team can help you understand your options and take the next step with confidence.