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We have all heard of someone who has fallen victim to being promised a house or taking over a business after working for many years. However, they have broken that promise or simply forgot to put it in writing or update their Will.
Unknown to many, a doctrine protects us against such acts of wrongdoing or loss which is called Propriety estoppel.
Propriety estoppel is a doctrine which applies to someone who has been promised or led to believe they are to inherit or receive the benefit of the property promised, allowing them legal rights and entitlement over the land or property, even if it is by mistake or expectation rather than genuine intent by the other party (Ramsden v Dyson [1866]).
Although less likely to be successful under business arrangements which would be pursued under the doctrine of promissory estoppel, propriety estoppel is often used to contest a Will.
An example of a strong claim under propriety estoppel would be if a child has remained close to their parent/parents for many years, looking after them and caring for them. They had been promised property or land or given the idea that they were to receive the benefit from the property because of it, and then they found out later they were cut out of the Will or were to receive a less than promised share.
A successful claim which propriety estoppel was successful in pursuing the benefit of that land under propriety estoppel, which the court granted under the assumption a constructive trust was created (Wilmott v Barber [Ramsden v Dyson]).
Another ground for pursuing propriety estoppel would be if you had met a partner whom you have been with for many years, who’d promised you the property you both lived in but had not had the opportunity to update or create his Will. Due to this, you had sold your property or not sought the security of buying a property of your own or working. Should there be sufficient evidence, there will be grounds to claim propriety estoppel.
To pursue propriety estoppel, you must have three rules:
- Assurance: The claimant must prove some form of evidence in the form of representation of assurance, which created the assumption or expectation to be entitled or benefit from the land or property.
- Reliance: The claimant must show that they were reliant on such a promise and made substantial life or financial decisions because of it.
- Detriment: The claimant must demonstrate that they acted to their detriment under the assumption or promise they would benefit from some or all of the property or land
It is not uncommon for those to miss out or fall victim to not receiving what was promised to them. If you feel this has happened to you, contact Lawdit Solicitors today for a free 30-minute consultation to learn more and whether you have a claim under propriety estoppel.
