Claiming Against an Estate: What you Need to Know
What happens if you are promised something in a Will but not left it? An individual can promise to pass on an asset in their Will to another party, but when the time comes, that party finds that it has not been left to them. In cases like this you can potentially look at claiming against an estate.
In certain circumstances, it is possible to make a claim against an estate for an asset. To be successful, the claimant must satisfy certain requirements.
Can I make a claim if I am not left something I was promised in a Will?
It can be distressing to find after someone dies that a promise they made to you has not been fulfilled. You may be entitled to make a proprietary estoppel claim against the estate. Meaning that the executors are required to satisfy the commitment that was made. In order to make this type of claim, you need to prove that:
- You were given a clear assurance that the asset would be left to you
- You relied on this assurance
- You suffered detriment because of your reliance on the assurance
This type of case occurs with some frequency in the farming community. A farm owner may promise their son or daughter that one day the farm will be theirs. In reliance on this promise, the child works on the farm for a low wage and does not pursue or train for any other career. If the farmer then leaves the farm elsewhere, the child will be able to rely on the promise that has been made and show that they acted on it to their detriment.
Making a successful case relies on being able to prove that an assurance was given. This could be by securing witness statements from individuals who heard discussions that meant the asset would be passed on in the way intended. Or by correspondence or by evidence of steps taken towards this end.
The assurance can be one made verbally or it can be demonstrated by the actions the parties have taken. The reliance needs to be significant. For example, failing to take up a more lucrative position or moving or not moving location based on what the individual believes they will be left. The detriment will usually be a financial loss. The individual is now worse off because of their reliance on what they thought was going to happen.
How do I make a proprietary estoppel claim?
If you believe you have a claim, speak to an experienced contentious probate solicitor. This is a complex area of law and it is not straightforward to establish a proprietary estoppel claim.
It can also be the case that family disagreements have arisen, making the situation difficult and stressful. A probate solicitor will explore the possibility of resolving matters by way of negotiation, avoiding litigation if possible. They will also be able to give you an assessment of the strengths and weaknesses of your case and what outcome you can realistically expect. It is always advisable to try and find an out-of-court solution in the first instance. Not only will the courts expect you to do this, it can also prevent relationships from deteriorating and reduce legal costs.
A probate solicitor will also be able to discuss alternative methods of dispute resolution with you, if negotiation alone is not successful.
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