Proprietary Estoppel and Constructive Trust Claims

Proprietary Estoppel disputes

What are they?

In certain circumstances it may be possible for someone (A) to claim an entitlement to or an interest in assets of another person (B).  This can happen, for example, when (B) makes a statement or promise that (A) shall receive an asset or an interest in an asset and (A) relies on the representation by (B) to his detriment.

Commonly, this occurs in the context of a deceased estate where (A) expected to receive a particular asset in (B)’s estate but (B)’s Will does not provide for this.

If the court accepts that the three main features of an estoppel are present it may decide to intervene and , depending on the circumstances, it can make an order to remedy A’s position.

Constructive trust disputes 

What are they?

These can arise where someone (A) takes control of property belonging to someone else (B) and then deals with those assets in a way that is contrary to their authority or powers (a breach of trust) or which is contrary to the intentions of (B) or detrimental to a third party (C).

The courts can in certain circumstances remedy the breach by making orders against (A) or a third party in favour of (B) and/or (C).

If you have any questions about Proprietary Estoppel or constructive Trust disputes, we have experts on hand to assist.