Contact
Table of Contents
What is Estoppel?
In general terms, estoppels operate where one party has acted on the basis of a statement made by another party, who is now attempting to change their position on the matter, contrary to what was previous said. The aim of an estoppel is to prevent this from happening.
What is Proprietary Estoppel?
Proprietary estoppel operates to modify rights over property and is capable of giving rise to new rights. In this respect, it is unlike any other form of estoppel in that it can give rise to a new cause of action. It is primarily applicable in respect of land, but is capable of affecting other proprietary rights.
What is a Proprietary Estoppel Claim?
To bring a successful claim for proprietary estoppel, the claimant must prove:
- A promise was made
- The promise was relied on
- The claimant suffered detriment as a result, for example, by working for free or spending money on the land or property with the expectation that they would inherit the same from the promisor.
These elements do not exist in watertight compartments. They are connected and are analysed by the court as such. A greater degree of detriment cannot, however, overcome an absence of a representation, promise or assurance.
Proprietary estoppel commonly arises in the context of farming disputes, and promises such as “one day, all this land will be yours” are made to the claimant, but the promisor dies without having fulfilled the promise.
What is the difference between proprietary estoppel and promissory estoppel?
Proprietary estoppel relates to land. This means that if the promise concerns the legal ownership of land or buildings, then a claim would be brought in proprietary estoppel.
For promises in relation to assets other than land, the legal basis is a promissory estoppel claim (also referred to as equitable forbearance). Promissory estoppel is an equitable development of estoppel by representation (another form of estoppel) which applies to representations as to contractual rights. The key difference between the two types of estoppel is that promissory estoppel requires a pre-existing legal relationship between the parties, which does not apply to proprietary estoppel claims.
What must you prove in a successful promissory estoppel case?
There are no hard and fast rules about what amounts to a “promise,” or what the claimant has to do to “rely” on the promise to their “detriment.” Proprietary estoppel is an equitable doctrine, which means it is concerned with equity or fairness. The court will consider all the circumstances of the case to decide whether the conduct being complained of is unfair and if something should be done about it- that is, whether it is unconscionable.
Below is an non-exhaustive list of factors the court would take into consideration when assessing a claim for proprietary estoppel.
- Who made the promise, to whom and when
- Whether the deceased was in a position to make the promise
- Whether the promise was clear and not merely a throwaway statement
- Whether there was any consideration for the promise
What award can be achieved from a successful proprietary estoppel claim?
The court has a high degree of discretion as to how it will provide a remedy. The key motivation for the court is to avoid an unconscionable result. For example, it can order the land to be transferred outright to the person who thought they would inherit it, give them a right to live on the land for a certain period, or simply give them a negative right to not be evicted from the land.
Proprietary Estoppel Case Law
Two new proprietary estoppel cases in quick succession are particularly note-worthy, clarifying that a claimant must prove the nature of a promise or assurance to succeed on the basis of proprietary estoppel.
Gladstone v White
The claimant in the first case lost her claim and had to leave the £15m stately home in which she had lived for several years. The elderly owner, David Gladstone, had been long-term friends with solicitor Leigh White, who moved into the property in 2017.
Gladstone had also appointed her as one of his executors and trustees and made her a beneficiary of the estate trust. The background is complex but, suffice to say that the friendship unfortunately soured and White was asked to leave the property. Gladstone also sought to remove her as trustee.
White refused to move out and claimed that Gladstone had promised her on numerous occasions that she would inherit the stately home. She failed to convince the court that she had relied on any such assurance because of the context in which it was given; and the “telling” absence of any written confirmation to that effect.
The court found that Gladstone intended only that White would have a “significant managerial role” rather than any beneficial entitlement. His comments during conversations fell far short of a promise that she would be its absolute owner.
Mate v Mate
In the second case, the High Court once again ruled that no promise of “sufficient clarity” was made in a case involving a farming family. Julie Mate claimed that her mother promised to leave her a share of the proceeds of the sale of farmland.
However, she later discovered her mother and brothers had agreed to sell part of the land to a developer without her knowledge a year earlier. She also claimed that her brothers – partners in the family business – had known of the alleged promises, which they denied.
Julie claimed to have relied on the promise to her detriment, having paid for a planning consultant for years in relation to plans to develop some of the farmland.
The court emphasised that it is a question of fact whether a defendant was aware of someone else’s promise or assurance and acted in a way that makes it unconscionable for them to resile. Mere standing by or acquiescence can be sufficient.
Julie had not demonstrated there had been promises clear enough to entitle her to believe she would receive an equal share of the sale proceeds. The judge ruled on the evidence that whatever was said to her by her mother was “too vague and unspecific a promise for it to have been reasonable to rely on it”.
Nor was there any evidence that her brothers were aware of what their mother may have said to Julie.
How our proprietary estoppel solicitors can help
In any proprietary estoppel claim, the individual relying on a promise or assurance must demonstrate that a sufficiently clear promise or assurance was given. If this first hurdle cannot be satisfied, the issue of detrimental reliance on an alleged promise will not fall to be considered.
If you’re considering making or changing your will, it is wise to consider whether anything you have said to those close to you could be taken as an assurance or promise that could lead to a dispute.
The contentious probate lawyers at Osbornes are experienced in disputes involving proprietary estoppel claims. If you believe you have a claim, contact us for specialist advice by calling 020 7485 8811.
Share this article
Speak to a Solicitor about a Proprietary Estoppel Claim
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
With a deep sense of gratitude, I want to thank you all for your diligent and comprehensive contributions and assistance in my legal travails.
I am sure you know how stressful legal proceedings can be for everyday laypersons like myself. Thankfully, you have been a bastion of support and reassurance during these trying months, and I struggle to find the right words to express my sincere gratitude.
Thank you from the bottom of my heart.
A private client team offering a range of services to assist with private client matters including trust and probate services. A friendly approach with a keen eye for detail.
I have been a client of this firm for a number of years and been impressed by particular individuals, the care and thoughtfulness with which they have worked.
An efficient firm which provides an excellent service at highly competitive charging rates.
The team receives a steady flow of instructions from high-net-worth individuals and families on an array of tax planning, wealth preservation, estate and succession planning issues
I think this firm has excellent strength and depth in this area, for both contentious and non-contentious work, and they can hold their own against any other firm.
I have found them to be incredibly knowledgeable and pragmatic in settling claims for their clients.
The contested estates team is strong with talented young solicitors doing good quality work
The nimble team acts for a broad range of high-net-worth individuals and families on a variety of complex estate and trust litigation.
Osbornes has a ‘strong private client department’ and ‘the firm seems to be going from strength to strength’.
Thank you for managing my case, following a complete fiasco before I contacted Osbornes Law. I know that the work involved was rather complicated, possibly frustrating and often time consuming. I was impressed with your current knowledge of the case when we had the first meeting at your office. I regard a face-to-face meeting as imperative in developing positive relationships. Members of your team, such as Alex and Ella were impressive too, with their efficient, friendly manner of working.
I am grateful for your patience, advice and excellent support at a difficult time. Hopefully it won't be necessary to contact you again regarding this matter! I will definitely use Osbornes Law in the future."Jan Atkinson, with her steely, steady, calming presence, instils confidence in the most highly-strung of us clients. With her masterful knowledge of the law, old and new, and its application, Jan can navigate through the most complex of cases to a successful end."
"I find Osbornes’ client-friendly approach welcoming and refreshing"
"A medium-sized London firm dealing with big litigation and doing it extremely well because of a depth of expertise and experience."
My family had the pleasure of Jan Atkinson working with us on the will and probate issues of [my mother's] estate in Camden and Ireland after she passed on last year. Jan and her assistant(s) offered us a fantastic service at a sad time.
"Jan Atkinson stands out for her wide-ranging knowledge and experience of estates; whatever problem you throw at her, she has seen it all before and is able to find a creative and sustainable solution. She has exceptional commitment to her clients and explores every avenue to find the best solution for them"
The team is very caring, experienced and detailed and was clear about the next steps and offered very helpful advice and suggestions
Jan Atkinson has extensive experience in private client matters, which underpins her excellent skills in the contentious probate area. Plus she is strong on international matters
A small but formidable team, punching above its weight. Jan Atkinson is a seasoned pro. Approachable but no push-over
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Elspeth Neilson is very reliable and practical."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
"Service prompt and effective. I have absolute confidence in Maggie."
I am happy with the service that I got and would recommend you to other potential clients.
I found Osbornes always very helpful and efficient.
We are very pleased with the services of Osbornes. Highly professional and through with close attention to detail.
I would highly recommend Jan Atkinson in any probate matter and Osbornes Solicitors in any other legal matters.
Jan Atkinson is a very proficient lady whom I would highly recommend to anyone involved in probates.
Thanks for all your work and explaining everything so clearly. For any legal matters in the future I would not hesitate in instructing Osbornes.
We have found your service to date as the most informative we have come across.
Jan Atkinson is confident with a straightforward approach. Her practice covers both contentious and non-contentious matters, including wealth planning and estate administration.
I would like to thank everyone in my case for the excellent job!
More Private Client InsightsVIEW ALL
9.12.2024Executors’ and Administrators’ Duties
Introduction When someone dies, others need to take on the formal responsibility for dealing with the deceased’s estate. If...
Read more
9.12.2024What to Do When Someone Dies
Introduction When a loved one dies, getting to grips with what you need to do can seem bewildering. The first...
Read more- 6.11.2024
High Court Validates Donation in Will Dispute
High Court validates gift made during Covid lockdown in Will Dispute In what may be one of the first covid...
Read more - 5.11.2024
Dementia: Protecting The Interests Of Each Spouse
Protecting Loved Ones with Dementia Dementia is a cruel disease, slowly robbing individuals of their character and their abilities. The...
Read more - 12.7.2024
Probate Mediation
Why choose mediation for contested probate? At Osbornes, we understand that probate litigation is often highly emotive. Unfortunately, there is...
Read more 
12.7.2024Is A Handwritten Will Legal?
Is a handwritten will legal? Is a question we often hear, especially when time is of the essence, and putting...
Read more- 25.4.2024
A Guide to Will Trusts
What is a trust in a will ? Setting up a trust in your will can protect assets for your loved...
Read more - 25.4.2024
A Guide to Asset Protection Trusts
One good reason to place your assets into a trust is to protect family wealth without fearing for its future....
Read more - 25.4.2024
What is a Mirror Will?
Mirror wills are mirror images of each other and practically the same in every way. They suit couples, married or...
Read more - 23.4.2024
A Guide to Life Interest Trusts
In today’s complex families, protecting assets for your children while ensuring that a surviving spouse can still enjoy them...
Read more - 23.4.2024
Discretionary Trusts
What is a discretionary trust? With a discretionary trust, there is no automatic right for beneficiaries to receive funds from...
Read more - 22.4.2024
5 Things You Should Never Put in a Will
When it comes to writing a will, you want to make sure that your wishes are known and that the...
Read more 
22.3.2024Forged Wills
Will fraud and forged wills are increasingly common. If the contents of a will comes as a surprise, then one...
Read more- 14.2.2024
Duties of Trustees
When setting up or running a trust it’s important to know what the trustees duties are. Trustees are key...
Read more - 3.11.2023
Deed of Variation: Making a Change to an...
What is a deed of variation? A deed of variation is a legal document which can be used to alter...
Read more - 31.10.2023
Constructive Trusts
Property rights are not always clear-cut. Sometimes, a person who does not legally own a property could be entitled to...
Read more - 17.9.2023
What is a Codicil to a Will?
Codicil to a will Life has a habit of changing and your will may need to change with it. A...
Read more - 31.8.2023
What Happens if Someone has Dementia and No...
Can you get Power of Attorney for someone with dementia? It’s a sad reality in an ageing population that...
Read more - 31.8.2023
Can a Lasting Power of Attorney Be Overridden?
Dramatic rise in people making a Power of Attorney The number of people recognising the importance of making a Lasting...
Read more - 26.7.2023
Wills Disputes: The Duty To Account Is Not...
Beneficiaries frequently ask us whether trustees or personal representatives can be required to provide a financial account. Their request may...
Read more - 26.4.2023
German Court Rules on EU Succession Regulation
Succession laws vary from country to country which historically made the administration of cross-border estates potentially complex. Since 17 August 2015, the...
Read more - 16.3.2023
Are trusts protected from divorce?
Can trusts protect an inheritance from your spouse? A trust is a separate legal entity. Neither spouse owns its assets....
Read more - 1.3.2023
How to prevent someone contesting a will
It is fairly rare in my experience for a parent to write a child out of their will but that...
Read more - 8.2.2023
Gifting Property to Children
Can I gift property to my children? Gifting a property to your adult children is a relatively complex transaction but...
Read more
