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Trusts and Estates

Proprietary estoppel

Proprietary estoppel is still a developing area of the law, though the principles are becoming clearer as a result of developing case law. Typically, a proprietary estoppel claim arises following a death. The basis of the claim will be that the deceased had made a promise to leave property by will to the claimant, who had altered his position in relation on that promise. Normally, it is only after the death that the claimant discovers that the promise has not been carried out; unusually, the proceedings were commended during the promisor’s lifetime in Bradbury v Taylor [2012] EWCA Civ 1208.

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