Proprietary estoppel, constructive and resulting trusts
In order to bring a proprietary estoppel claim, a claimant will have to show:
- That there was a genuine assurance and/or promise by the deceased; this can be both verbal or written.
- That the claimant did something in reliance on that promise.
- That what the claimant did can be regarded as having incurred a burden or a detriment.
The claim can also arise if there was a promise of a gift on death and before death the gift has been retracted.
If your charity finds itself defending these types of claim you should contact us immediately as strict time limits apply.
We are always happy to talk on an initial no obligation and informal basis so please email or call one of the team.