A man who successfully challenged his mother's final will is likely to recover the lion's share of...
What is proprietary estoppel?
Proprietary estoppel concerns promises or assurances given in relation to rights or interest over property or land. It is often used by a party who is seeking to enforce a promise made by a landowner to give that party a right or interest in the land owned. Historically, the majority of proprietary estoppel claims have been associated with the agricultural sector, which is reflected by the case law. However increasingly it is being used in cases when a child gives up a career and moves in to become a carer for a parent.
How does proprietary estoppel work?
The easiest way to explain it is to give an example in italics shown below.
A proprietary estoppel claim arises when the 3 following conditions are met:
1.A promise is made to the claimant;
“One day son, this farm will be yours!” said the father.
The promise must be clear and be more than a statement of current intention.
2. The promise was believed and relied upon by the claimant;
So, as a result of this promise that the farm will one day belong to him, the son choses to work on the same farm for his entire career with little or no pay, rather than moving to a better paid position at another farm or finding a job in another industry for he would be paid.
3. Reliance on the promise has caused the claimant to suffer detriment.
The son worked long hours for little to no pay, committing all his time to the farm which prevented him from earning wages with an alternative employer.
If, upon the death of the father, the father’s Will did not leave the farm to be inherited by his son, the son might use Proprietary Estoppel as the basis for bringing a claim against the estate.
The Court would need to be satisfied that conditions 1 to 3 were met and that it would be unconscionable for the landowner to escape from the promise made.
If you have been let down because you were promised an inheritance which did not materialise and think that you may be able to bring a proprietary estoppel claim, contact Kax Chana on 01827 317070 or kchana@pickerings-solicitors.com.
