Do I have a claim for proprietary estoppel?

If you were promised something in a Will and relied on that promise, only to find when the Will was read that you would not receive the inheritance you were expecting, you could have a claim for proprietary estoppel.


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If you can prove to the court that all three elements exist, an order will be made in your favour.

The extent of that order, and therefore the value of your claim, will depend upon the promise made and the disadvantage you suffered.

Depending on the facts, the court will either enforce the terms of the promise or order you receive a sum of money reflecting the value of the disadvantage suffered. For example, if you were promised a property, the court could transfer this to you regardless of the value of the disadvantage, or find a value for that disadvantage and make an award based on this calculation.