Broken inheritance promise

If you have lost out due to a broken inheritance promise then you may wish to considerwhether you can make an estoppel claim.

If someone is promised that they will inherit land or property and that promise is subsequently broken, then it can give rise to a legal action known as an estoppel claim.

There are three key elements in any estoppel claim:

1. A promise has been made.

2. That promise has been relied upon.

3. A detriment has been suffered due to the promise being broken.

In the 2023 Supreme Court case of Guest v Guest the Court clarified the legal position and the remedy that a successful estoppel claimant should be entitled to receive.

The Court concluded that a claimant’s award should be whatever is required to hold the person who made the promise to the terms of their promise. How that is to be determined will vary from case to case, but Guest v Guest makes it clear that the starting assumption is that the promise will be enforced. This was a significant legal development as many of the previous decisions from the courts have focused more on the detriment the claimant has suffered than the promise that had been made made.

Our team of inheritance dispute lawyers specialise in dealing with cases involving a broken inheritance promise and can often work on a No Win, No Fee basis. We are proud of our track record of success in dealing with estoppel claims and you can read about some of our victories here and here.

So, if you have lost out due to a broken inheritance promise, or you are defending an estoppel claim, then get in touch with our specialist team for a free case review.

Call us on 0333 888 0407, or use this form to contact us. Alternatively you can send brief details by email to [email protected]

Broken inheritance promise