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Were you promised an inheritance that never came?

“One day this will all be yours.” If you were told that, and you worked for low pay, gave up other opportunities, or spent your own money on the strength of it, the law may hold the estate to the promise even though the will says otherwise. This is called proprietary estoppel.

We can put you in touch with specialist inheritance dispute solicitors who can assess your claim for free and act for you on a genuine No Win No Fee basis.

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Do you have a proprietary estoppel claim?

You need three things: a promise, reliance on it, and a loss because of that reliance. These are the situations where claims most often succeed:

  • You worked on a family farm or in a family business for years, for little or no pay, because you were told it would be yours.
  • You moved in to care for a relative on the understanding that the house would come to you.
  • You paid for building work, repairs or a mortgage on a property you were told you would inherit.
  • You turned down a career, a move or an education to stay and help.
  • The promise was repeated over many years by the person who has now died.
  • The will leaves the property to someone else, or divides it in a way that ignores the promise.

If you gave up something real on the strength of a promise, the court can step in. We want to hear from you.

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What the courts have decided

Proprietary estoppel has been shaped by a series of family farming cases that reached the highest courts.

Thorner v Major [2009] UKHL 18

A cousin worked unpaid on a Somerset farm for nearly 30 years on the strength of hints and indirect remarks that the farm would be his. The House of Lords held that the assurance only needs to be clear enough in its context. It does not have to be a formal promise. He was awarded the farm.

Guest v Guest [2022] UKSC 27

A son worked on his parents’ farm for over 30 years at low wages, then fell out with them and was cut out of their wills. The Supreme Court confirmed that the starting point for the remedy is what was promised, and that the court may reduce the award only where giving full effect to the promise would be out of proportion to the loss suffered.

Gillett v Holt [2001] Ch 210

A farm worker was repeatedly assured over nearly 40 years that he would inherit the farm, and organised his whole working life around it. The Court of Appeal held that the promise, the reliance and the detriment must be looked at in the round rather than as separate hurdles, and that unconscionability is the heart of the doctrine. He was awarded the farmhouse, land and a cash sum.

How C-PAID can help

Estoppel claims depend on proving what was said, over what period, and what you did in reliance. Our panel solicitors gather evidence from family, employees, neighbours, accountants and land agents, and pull together payslips, accounts and bank records that show the sacrifice you made.

These claims are often high value, particularly where farmland or a business is involved, and they are well suited to a genuine No Win No Fee arrangement. contact us or call 0161 532 8111 for a free assessment.

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Time limits

There is no strict limitation period for proprietary estoppel, but the court can refuse relief where a claimant has sat on their rights. Where an Inheritance Act claim is also possible, the six month time limit from the grant of probate applies to that part of the claim.

Farms and businesses are also at risk of being sold or restructured once probate is granted. Early advice protects your position.

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Frequently asked questions

Does the promise have to be in writing?

No. Most estoppel claims are based on spoken assurances, sometimes made over many years. What matters is that the promise was clear enough for you to rely on and that you did rely on it.

What if I was paid a wage?

Being paid does not defeat a claim. The question is whether you suffered a detriment overall, for example by working for far less than the going rate, or giving up better prospects elsewhere.

Can I claim against someone who is still alive?

Yes. Estoppel claims can be brought during the lifetime of the person who made the promise if they go back on it, although most arise after death.

What will I receive if I win?

The court has a wide discretion. It may transfer the property, award a share of it, or order a cash sum. In Guest v Guest the Supreme Court said the aim is to give effect to the promise where that is proportionate.

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