"One day this will all be yours." When someone has been promised that they will inherit a home, a farm or a business, and has relied on that promise to their detriment, the law may step in if the promise is broken. This is called proprietary estoppel.
What must be shown
A proprietary estoppel claim generally requires:
- An assurance by the owner that the claimant would have an interest in their property. It need not be in writing, but it must be clear enough in its context (Thorner v Major [2009] UKHL 18).
- Reliance on that assurance by the claimant.
- Detriment suffered as a result, such as working for low or no wages for years, giving up a career or other opportunities, or spending money on the property.
- That it would be unconscionable for the owner, or their estate, to go back on the promise.
What the court can award
The court decides how to put right the unconscionable result. That might mean transferring the promised property, a share of it, or a sum of money. In Guest v Guest [2022] UKSC 27 the Supreme Court said the starting point is usually to fulfil the promise, adjusted where necessary, for example to take account of the fact that the claimant receives the benefit earlier than expected.
Where these claims arise
- family farms and rural estates;
- family businesses where a child has worked for years in the expectation of taking over;
- homes, where a carer or relative was told the property would be theirs; and
- claims brought during the owner's lifetime, as well as against their estate.
Proprietary estoppel claims often sit alongside will challenges and Inheritance Act claims, and we consider all the available routes together. Claims involving land and businesses can also raise tax and property issues, where we work with the firm's Private Wealth & Tax and Real Estate teams.
[placeholder – anonymised case study: broken promise over a family property]
Frequently asked questions
Does the promise need to be in writing?
No. Proprietary estoppel exists precisely because these promises are often made informally. But the claimant will need evidence of what was said, by whom and when, and of how they relied on it.
Is there a time limit?
There is no single fixed limitation period for proprietary estoppel, but delay can harm a claim, and related claims (for example under the Inheritance Act) may have a strict six-month time limit. Please seek advice early.
