Whether you are bringing or defending a claim by reason of proprietary estoppel, resulting trust or constructive trust, our team is here to provide you with the legal support you need.

What is proprietary estoppel?

Proprietary estoppel is a claim that can arise where a property has been promised to you on the death of the owner, but their Will states otherwise. It is a legal remedy that may enforce a broken promise.

To establish proprietary estoppel, you must show the following:

1. A promise made by one person to another, for example an assurance that the land or property would pass to you upon their death
2. Reliance on the promise, such as working on the land or property in the belief that it would become yours
3. Detriment suffered as a result of reliance on the promise, meaning you placed yourself in a worse position because you believed the property would be yours

Every case is unique and what constitutes each of these elements will depend on the individual circumstances.

This is a complex area of law, therefore it is always advisable to seek legal guidance from a solicitor with specialist expertise.

If you believe you have a case of proprietary estoppel, contact our team today.