What is promissory estoppel?
Promissory estoppel is a remedy which prevents someone from breaking inheritance promises when they have materially benefitted from someone’s behaviour. It is based on the below elements:
- A promise or assurance was made to the Claimant
- The claimant relied upon that promise or assurance
- The Claimant suffered some sort of detriment as a result
- The circumstances of the promise and reliance have led to an unfair result
Even if the court agrees that a claim should be successful, the claimant will not necessarily receive what was promised to them. The court will take into account the degree of detriment suffered by the claimant and will use its discretion to make an appropriate order.
Promissory estoppel means that verbal promises can be enforced by the court, and so it is advisable to take the necessary precautions to prepare for all eventualities and potential claims.
If you feel that either:
(i) you were made a promise and the promisor has/is seeking to renege on that promise; or
(ii) someone is trying to enforce a promise they say you/someone else made;
Please click here to speak to one of our experts.
