A guide to Proprietary Estoppel and Contested Probate
Many people assume that if a promise is not in a will, then there’s nothing they can do but that’s not always true.
Perhaps you have spent years relying on this promise whether by working in a family business, caring for a relative, or investing time and money into a property only to be left with nothing. This issue often arises in contested probate cases where individuals have relied on assurances from a family member or a close friend only to discover that the will or estate distribution does not reflect those promises.
Where does that leave you? In these situations, proprietary estoppel can provide a way to enforce that broken promise, ensuring you aren’t unfairly cut out. If this sounds familiar, you may have a legal right to claim what was promised, legally known as proprietary estoppel.
Proprietary estoppel in probate disputes
Proprietary estoppel allows the courts to enforce promises even if they weren’t formally written down. To establish a successful proprietary estoppel claim, the following elements must be proven:
- A clear representation or promise: the deceased gave you an assurance that certain property or inheritance would be received;
- Reasonable reliance: you acted in reliance on the promise, believing it to be genuine; and
- Detriment: you suffered financial or personal disadvantage based on the promise.
This approach was reinforced in Cleave v Cleave [2024], where the court ruled that promises must be clear enough to justify reliance, and the person claiming estoppel must show real loss if the promise isn’t upheld.
How have courts enforced verbal promises in the past?
Many people have successfully challenged estates based on broken promises. Here’s how the courts have ruled in different situations:
I. Guest v Guest [2022] UKSC 27: A son worked for years on the family farm for little pay, believing he would inherit it. When the father changed his will, the court ruled in the son’s favour, granting a financial remedy to reflect his expectations.
II. Thorner v Major [2009] UKHL 18: A farmer spent decades working on his relative’s farm based on vague assurances. The court ruled that, despite the lack of an explicit promise, the overall context made it clear that he should inherit.
III. Gillett v Holt [2001] Ch 210: An employer made repeated verbal promises to an employee about inheritance. When he later cut the employee out of his will, the court ruled that breaking those assurances was unfair.
IV. Henry v Henry [2010] UKPC 3: A man cared for a family member for decades, believing he would inherit their property. The court upheld his claim but reduced his award because he had also benefitted from the arrangement.
V. Winter v Winter [2023] EWHC: Courts won’t uphold claims based on casual remarks or vague conversations. The promise must be serious enough to justify real reliance.
When might a promise not be enforced?
•Existing agreements: In Horsford v Horsford [2020], the court ruled that a claimant cannot “have two bites of the cherry”. If a partnership or shareholder agreement contradicts the alleged promise, an estoppel claim may be significantly weakened or even struck out.
• Unclear or vague promises: If the assurance was too uncertain, or there’s no real evidence that the deceased intended to transfer ownership, a claim may fail.
• Lack of detriment: If you didn’t suffer a real loss, the courts may decide that the promise should not be enforced.
What if proprietary estoppel is not an option?
Even if proprietary estoppel isn’t the best route, you may still have alternative legal claims, such as:
• The Inheritance (Provision for Family and Dependants) Act 1975: If you were financially dependent on the deceased but left out of the will, you may be entitled to a fair share of the estate.
• Trusts of Land and Appointment of Trustees Act (TOLATA) 1996: If you contributed financially to a property expecting ownership, you may have a claim.
• Challenging the Validity of the Will: If the will was made under undue influence, fraud, or without proper mental capacity, it may be possible to challenge its validity.
What should you do next?
If you believe you were made a promise but have been left out of a will, acting quickly is crucial. Here’s what you can do:
• Identify key witnesses: Who heard the promises? Did the deceased discuss it with anyone else?
• Gather evidence: Are there emails, texts, or documents that support your claim?
• Assess alternative legal routes: Could another type of claim strengthen your case?
Take action today, don’t wait until it’s too late. Don’t let a broken promise leave you with nothing. Get expert advice now. For an initial consultation, contact me, Krishna Patel
Call: 01732 446371
Email: krishna.patel@wellerslawgroup.com
