Proprietary Estoppel

If I need a written assurance to succeed in my proprietary estoppel

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If I need a written assurance to succeed in my proprietary estoppel

In order for a Proprietary Estoppel claim to succeed, you would have to show that the assurance (which does not necessarily need to be in writing) was indeed given and that it was reasonable for you to rely on that assurance.

In effect, you are claiming that going back on a promise made (oral or written) was unfair and not what would be considered usual or proper behaviour (what's termed 'unconscionability').

Whilst the assurance need not be in writing, you will need to satisfy the court that such an assurance was indeed made and witness evidence will be important.

You must also show that your reliance on that assurance meant that you subsequently acted to your own detriment (i.e. you failed to explore other opportunities or careers you otherwise might have done because of the promised inheritance).

The court may decide that it was unconscionable for the promise to be withdrawn and decide to enforce it or at the very least it could encourage the representatives of the estate to reach an agreement at the negotiating table.

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