Proprietary Estoppel Claims

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The will does not fulfil promises made during the lifetime of the testator

If a testator made promises during their lifetime to an individual and the will does not reflect the promises made. This often occurs in a farming context or in a family business, where the parent promises a child the farm or business in return for free labour, or reduced wages for a period of time and then leaves the asset to another child in the will. In order to establish a claim for estoppel, you must prove that

  1. Promises or representations were made
  2. An individual had an expectation that they would receive a benefit
  3. Suffered detriment in reliance on the expectation.

If you feel that you have cause to contest a will, please contact us to discuss your options in confidence.

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