Will disputes are an additional stress in an already emotionally challenging time, and people can become frustrated when they don’t inherit what they were expecting, especially if they were basing their expectations on the words or actions of their loved one before they passed away. This can become even more difficult when the dispute is entwined with Proprietary Estoppel.  

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What is Proprietary Estoppel?

Proprietary Estoppel is when the deceased is said to have promised their property to someone but fails to give effect to this in their Will.  This usually arises in the context of farmland, when someone works on the land for free or for very little pay, with the understanding that they will receive it following the owner’s passing, an act that is financially detrimental to them.

To file a claim for Proprietary Estoppel, it must be shown that:

1. The owner of the land induces, encourages, or allows the claimant to believe that they will enjoy some right over the owner’s property.
2. In reliance of this belief, the claimant acts to their detriment to the knowledge of the owner, for example carrying out work for free.
3. The owner then seeks to take an unconscionable advantage of the claimant by denying them the right or benefit which they were expecting to receive.

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As an example, imagine a child works for their parent’s farm for little or no wage. They are given verbal promises from the parent about how they will one day come to inherit the land e.g. “One day, this farm will be yours to run”. Because of these promises, the child may grow up to sacrifice more lucrative career paths and continue working on the farm, as they are under the belief that it will one day be theirs and are willing to invest their time and effort because of that. However, when their parent passes away, there is nothing in their Will stating that the farm will go to the child. This would give them grounds for a Proprietary Estoppel claim.

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Our team understand how frustrating it must be to put in substantial work based on a promise from a loved one, for it to then not materialise. Having grown up on a farm, I have seen first-hand the work that generations of my family have put into the farm. If an individual worked on the land for free for years, I could see how they would consider it unfair for the owner to resile from their promise to leave them the land they worked so hard for.

If you believe you have grounds for a Proprietary Estoppel claim, our expert team are on hand to listen and help. If you would like to talk to one of our empathetic specialist advisers, you can call us on 0151 282 1700, request a call back or make an enquiry.