At Walker Foster, our experienced team of solicitors is well-versed in handling these sensitive and often complex matters, including disputes concerning beneficial interest in property. We assist clients both in bringing claims where assurances have been broken - often involving informal agreements within families or long-standing personal relationships - and in defending against such claims where the legal or factual basis is disputed.

We provide clear, honest advice and are committed to guiding you through the legal process with professionalism, care and understanding. We appreciate the emotional and practical complexities these disputes can bring, particularly when they involve family relationships and livelihoods, and we work tirelessly to achieve outcomes that are fair, proportionate and rooted in the principles of equity.

Contact us today to discuss your situation in confidence and find out how we can help.

How Walker Foster can help

At Walker Foster, we provide expert legal advice and representation in claims involving proprietary estoppel claims. This complex area of law often emerges in family, agricultural or inheritance disputes, particularly where one party has acted to their detriment based on another's assurance or encouragement.

A significant number of these cases arise in the context of the family farm, where individuals may have worked for many years under the expectation that they would ultimately inherit or share ownership of the property. Our expertise includes assessing whether a genuine beneficial interest has been established based on the conduct and assurances of the parties, and whether the claimant’s detriment - often involving significant personal sacrifice or financial input - meets the legal threshold for a proprietary estoppel claim.

We are regularly instructed in proprietary estoppel cases involving:

• Assurances regarding property: such as the failure to subsequently transfer land or property ownership after an informal or unambiguous promise of inheritance or gifts.
• Detrimental reliance: where a party has significantly changed their position - such as investing time, money or effort - believing they had, or would receive, an interest in property.
• Family and farming arrangements: including cases where family members have worked for little or no pay on the understanding they would inherit or share in the ownership of a property or farm.
• Property ownership disputes: particularly where the legal title differs from the true intentions or understandings between parties.
• Inheritance and estate challenges: where individuals are excluded from a will or do not receive what they were promised or expected based on prior assurances.

These cases require a deep understanding of equitable principles and the ability to present complex factual and legal arguments. We carefully assess the strength of each claim, including the presence of a clear assurance, the extent of the reasonable reliance, and whether it would be unconscionable to deny the claimant their expected right.

Our approachable and experienced team takes a clear, supportive and strategic approach to navigating these sensitive disputes. Whether through negotiation, mediation or court proceedings, we aim to resolve matters efficiently and fairly, securing outcomes that reflect the actual detriment and expectations of the parties involved.

At Walker Foster, we recognise that proprietary estoppel claims often involve sensitive family dynamics and significant emotional and financial stakes. We are committed to handling each case with care, professionalism and a clear focus on delivering peace of mind. Our approach combines detailed legal expertise with a personable and understanding manner.

Initial consultation and fact-finding

We begin every matter at an appropriate starting point, with a friendly and confidential consultation. This initial conversation is not just about gathering facts - it’s about understanding your perspective, what matters most to you, and how the situation has developed over time. We take the time to carefully listen to the details of any assurances or promises made to you, the nature of your relationship with the person who made the assurance, and how your actions have been shaped in reliance upon those expectations. Our goal is to ensure that you feel heard and supported from the very start.

Due diligence of assurance, reliance and detriment

Following the initial consultation, we conduct a thorough and meticulous review of the circumstances surrounding your claim. This involves confirming that an assurance was made, assessing whether you relied on that assurance in good faith, and evaluating the detriment you may have suffered as a result - be it financial, personal, or related to lost opportunities. This careful analysis is necessary for establishing the foundations of a strong proprietary estoppel case.

Evidence gathering

We work closely with you to gather all relevant evidence required to support your claim. This might include written communications, emails, letters, or text messages that refer to the assurance, as well as financial documents or receipts showing investment in the property. Witness statements from those who were aware of the arrangement can also be powerful in substantiating your position. We ensure all evidence is well-organised and clearly presented to strengthen your claim.

Alternative Dispute Resolution (ADR)

Where appropriate, we actively explore opportunities to resolve disputes outside of court. We are experienced in a range of ADR methods, particularly mediation, which can offer a constructive and less adversarial path to resolution. ADR not only helps preserve important relationships, especially in family disputes, but also offers a more cost-effective and timely outcome.

Negotiation and litigation

If a fair and reasonable settlement cannot be reached through informal means, we are fully prepared to advance your case through formal legal proceedings. We negotiate robustly on your behalf, always keeping your best interests at the forefront. Should litigation become necessary, we guide you through every stage with clarity, transparency and unwavering commitment, providing expert representation and support throughout.