Inheritance, Trusts and Will Disputes

Proprietary Estoppel

 

Where someone has promised an asset to someone and that promise has been relied upon to the person’s detriment, it is possible to pursue a claim for that promised asset. This is known as proprietary estoppel.

Typically, this can arise in a farming context, where an adult child is promised the family farm and in reliance of that they have worked long hours on a reduced income, however, the testator then leaves the farm to someone else or splits it between their children.

These types of claims are complex and rely on the extent to which the assurances that have been made can be proved. This will often be through witness evidence and any records available at the time the promises were made.