Proprietary Estoppel
It’s frequently the case that along with an Inheritance (Provision for Family and Dependants) Act 1975 claim, a claim is brought under a legal principle known as Propriatory Estoppel.
There are three principal requirements of a Proprietary Estoppel claim:
- A promise or a representation that property or money or some other benefit will be transferred in the future
- In reliance upon that promise or representation, the person who received the promise must then act to their detriment or disadvantage
- And the promise is then broken by a failure to transfer the property or make the gift
The fact that the Promisor has not kept their promise is often not revealed until they die and their Will is read or because it transpires that they have not made a Will at all.
The effect of a successful Proprietary Estoppel claim against an Estate may exclude property from the Estate because it was promised and therefore belongs to somebody else. Alternatively other provisions may be made available from the Estate to compensate the Claimant for the broken promise and for the detriment they’ve suffered.
These claims can be particularly complex and at Stephens Scown we’re able to provide you with the right specialist advice and guidance.
Phil Gregory
Partner01392 210700
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