‘Estoppel’ is a legal principle that person A should not go back on a promise they have made to person B, when Person B has relied on that promise and acted to their detriment as a result.
Proprietary estoppel can arise in the context of a Will where the deceased promised they would leave an interest in land to Person B in their Will but then the deceased either did not include the gift in their Will, or did not make a Will and the rules of intestacy do not provide for that gift.
Promissory Estoppel is similar but where it is not an interest in land, but perhaps a share of the estate or another asset.
The requirements for such a claim are:
An assurance by the deceased, that is unambiguous and sufficiently clear, that the interest in land would be given to person B by person A
Person B relied on the assurance given by the deceased
Person B, as a result of the reliance on that assurance, acted to their detriment. For example, they might have agreed to work for the deceased at lower pay or ceased other employment in order to care for the deceased.
Person A was aware person B acted to their detriment upon the reliance on the promise
If you think this may apply to you, it is important to act quickly and obtain professional legal advice. If you do not pursue a potential promissory/proprietary estoppel claim at the point that it arises, you may lose your opportunity. Over time, it may be harder to gather compelling evidence, it may be harder to prove the detriment suffered, and the estate may have been distributed making the assets in question harder to ascertain, locate and retrieve.