Proprietary Estoppel

If you feel that an informal promise made to you in the event of someone’s death was not honoured in a will, we can provide you with expert advice on how to enforce that promise. Whether you’re a family member, spouse, friend, or otherwise beneficiary of the deceased, we are here to give professional help to discuss any verbal promise of inheritance. 

Likewise, if you need help defending against a Proprietary Estoppel claim, we can also provide legal advice for this.

JMW’s dedicated team of expert will dispute solicitors are available to give professional legal advice and practical support, in a timely and considerate manner. We are available to make the entire Proprietary Estoppel claim process as comfortable and stress-free for you as possible. We understand that this can be a difficult and sensitive time for all parties involved.

If you are looking for a professional, understanding solicitor to assist you with your Proprietary Estoppel case, contact our dedicated team today by calling 0345 872 6666, or fill in our online enquiry form to receive a call back. 

How JMW Can Help

At JMW, our solicitors have assisted a wide range of clients and helped to resolve their Proprietary Estoppel disputes, providing them with the results that they need. We have an excellent track record when it comes to helping our clients enforce a promise that has not been honoured within a will. Our advice is also available to charities that are assumed to be beneficiaries. 

Our pragmatic approach allows us to act in a timely and sensitive manner, gathering all of the information provided to create the strongest possible case, giving you the results that you deserve. Your queries will be dealt with efficiently and we treat each case with discretion. Our team of experts have a professional approach that they are renowned for. Using their extensive knowledge and understanding, they are able to work closely with fellow solicitors within the will disputes team to ensure that our specialist advice is tailored to your specific needs. 

Each case we assist with is allocated a solicitor, along with a trainee or paralegal, to ensure that we can keep you up to date with every step of the process. We will make sure that your case is thoroughly managed and maintained to ensure the strongest possible outcome.

Our Accreditations

JMW’s specialist will dispute solicitors have been awarded accreditation from professional boards and organisations including:

• The Legal 500 - Who said that JMW are a “great team. Good legal knowledge and commercial approach to litigation. The team moves very quickly, and is very calm and knowledgeable.”
• Chambers and Partners High Net Worth Guide - JMW’s wills disputes team is described by an interviewee as a “professional, modern firm delivering expert advice”. Alison Parry is described as “one of the best litigators in Manchester” and her “strengths are her obvious expertise, her capability and her empathy”. 
• The Association of Contentious Trusts and Probate Specialists (ACTAPS) - Membership to this association requires solicitors firms to meet certain criteria based on their performance in this line of work.
• Society of Trusts and Estate Practitioners (STEP) - Membership of STEP demonstrates our commitment to high professional standards and continued professional development, building the confidence, respect and trust of our clients.
• Special Interest Group for Contentious Trusts and Estates - Members of this group are focused on international trust and estate law while promoting best practice in the handling of contentious trust and estate disputes and trustee litigation. 

What is Proprietary Estoppel?

Proprietary Estoppel aims to achieve fairness where a promise made hasn’t been followed through. It consists of:

• An assurance (or promise) of sufficient clarity;
• Reliance by the claimant on that assurance;
• Detriment that has been suffered due to reliance on that promise. 

The court will often look at all the evidence to establish whether a claim is successful. An example of this would be the case of James v James (2018) where there was a distinction made between a promise and an intention. The claimant’s father had shown an intention to leave the farm to the claimant upon his death, however, the court found that there was insufficient evidence suggesting a clear promise to be relied upon. 

How Do I Know If I Can Claim?

If you have been promised an inheritance (which could be an interest in a property or land) upon the death of an individual, and this is not honoured in their will, you may be able to make a claim if you can prove that: 

• The deceased makes a clear and unambiguous promise to you during their lifetime stating that they would leave property or land to you. This can be expressed or implied, but it must be clear that the party making the promise intended for the promise to have an effect between both parties.
• You relied on the fulfilment of that promise, or altered your position to your own detriment, and that the reliance on the promise was reasonable.

When planning a claim of Proprietary Estoppel, the above elements must be considered carefully.

It is important to know that Proprietary Estoppel is an equitable principle, and the result is subject to the discretion of the court. As a result, the outcome of a claim can sometimes be unpredictable. It is therefore recommended that you obtain correct legal advice before you go forward with a claim. 

What is Proof of Reliance?

If you are making a claim to enforce a promise not honoured in a will, the courts will require proof of the promise itself, reliance on the said promise and detriment. You will need to prove that you relied on the promise to your detriment. 

An example of this would be Habberfield v Habberfield (2019) where the claimant had worked on her parents’ farm for a long period of time with little pay. The claimant had also postponed her working life due to promises that the farm would be hers after the passing of her parents. This shows that the claimant relied on the fulfilment of the promises made by her parents to her detriment, as she had turned down opportunities of a career elsewhere and accepted low-wage payments under the assumption that she would one day receive the estate.

How Much Does a Claim Cost?

The cost of making a claim can vary depending on the complexity of the matter and the time taken by our solicitors to get the results that you need. 

We can work with you to come to suitable arrangements regarding funding, including, in some cases, no win, no fee and deferred fees if they are suitable to your case. We are transparent and upfront about costs.

How Much Will I be Awarded?

The value of these claims can vary. In most cases, the claim will be for the promise to be honoured. Speak to our specialist team now to get a full assessment of your claim.