Skip to main content

In order for a proprietary estoppel claim to succeed, three legal requirements must be present:

  • There must have been a clear promise or assurance that property would pass to you upon the promisor’s death;
  • You must have relied upon this promise to your detriment;
  • There must be evidence that it would be unjust or inequitable for the promisor to go back on the promise.

 

A common example of a proprietary estoppel claim arises in the context of farming.  There have been numerous cases where the owner of a farm promises a third party that if they work for a modest financial return during the farm owner’s lifetime, the farm will be left to the third party in the farm owner’s Will.  If the third party works for a modest wage in reliance upon this promise, they have acted to their detriment.  A court would then be likely to find that it would be unjust for the farm to go back on their promise.

Another example of a proprietary estoppel claim in practice is where a person gives up their employment to care for a relative in reliance upon a promise that their property will be left to the carer upon their death.

A proprietary estoppel claim may also arise where a person spends money renovating a property belonging to someone else, in reliance on the promise that the property will pass to them upon the owner’s death.

In the event that you believe that you have a claim, it is a good idea to take specialist legal advice, in order to consider the evidence and merits of your case, as soon as possible.  We are experienced in dealing with proprietary estoppel claims and are happy to assist you in identifying the most effective way to pursue your claim.

The steps cohabiting couples should take when drawing up a will

The steps cohabiting couples should take when drawing up a will

There’s no denying the huge steps forward seen in creating equality for same-sex couples in the UK during the 21st Century, first with the Civil Partnership Act 2004 and then the Marriage (Same Sex Couples) Act 2013. However, as heterosexual couples have marriage as the only option open to them to make their relationship formal, there have been suggestions of a new inequality having now been created. A legal challenge by mixed-sex couple Rebecca Steinfield and Charles Keidan to be able to enter into a civil partnership instead of a marriage was unsuccessful earlier this year, meaning it’s unlikely the situation will change for heterosexual couples in the near future.

Wills and Planning for the Inevitable

Wills and Planning for the Inevitable

Research just published underlines how ill-prepared most people are in terms of their end of life planning.

The Jones Family: Family Wills Bundle

The Jones Family: Family Wills Bundle

Wills for everyone in the family can be expensive. Read about our exclusive Family Wills Bundle offer, easily explained by the Jones family, here!

When should a person’s dying wishes be ignored?

When should a person’s dying wishes be ignored?

A disputed will has recently been sent to the Court of Appeal to determine whether an estranged daughter is entitled to money from her mother’s estate.

Why Should I Use A Solicitor To Make A Will?

Why Should I Use A Solicitor To Make A Will?

There are lots of quick and cheap ways to write a will, so why do people use legal professionals? Open the infographic to find out why...

Ashgate Hospicecare 'Make a Will Month' gets Underway

Ashgate Hospicecare 'Make a Will Month' gets Underway

As a regular supporter of Ashgate Hospicecare, Banner Jones are delighted to be supporting this years ‘Make a Will Month’ campaign.
Lasting Power of Attorney – The Facts

Lasting Power of Attorney – The Facts

We all know that we should write a Will, but too few of us know about and recognise the need for something called a Lasting Power of Attorney or LPA.

Talk to our team