When a property owner passes away, disputes concerning estates are common. These disputes occur when there is no estate plan or the existing estate plan does not match earlier agreements. If you do not receive the estate or assets you were promised, you can file a trust and proprietary estoppel claim to ensure you receive the promised property. We recommend that you consult an experienced lawyer at Nirwan Law Corporation before filing your claim so that we can help you determine what your best options are.
What is an estoppel claim?
A property estoppel claim exists to enforce broken promises. They prevent an individual from going back on an agreement, regardless of whether it was properly documented in a written contract. An example of an estoppel claim is a homeowner promising to leave a residence to a tenant in their will in exchange for the tenant restoring and maintaining the home. If that promise is not fulfilled in the owner’s will, the tenant can make an estoppel claim to recuperate the loss.
To make a prosperity estoppel claim, you must show:
- Two parties made a promise. In some cases, this requires a written contract, and in others, it needs only a verbal agreement
- Reliance by one party on that promise
- A loss suffered by the party when the promise is not fulfilled
Contact a trusted estate litigation lawyer for assistance in making an estoppel claim to ensure the best possible outcome.
What factors are considered in an estoppel claim?
Though estoppel claims do not rely strictly on written contracts, there are still factors the Court will consider to determine if a reasonable agreement was made. These include:
- The return price, act, or guarantee made in exchange for the property
- The legal capacity of both parties to make an agreement
- The free will of both parties and their understanding of the agreement
Do you need an estate litigation lawyer?
We at Nirwan Law Corporation understand the frustration that comes with broken promises. Consult one of our experienced lawyers now if you are seeking to enforce property estoppel. Book your free consultation online or by calling 604-372-0253.