Promises and Gifts Before Death

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

What You Can Do

When someone dies, their family promises and gifts before death will be honoured, but this does not always happen. Disagreements, broken promises or unclear wishes can trigger contentious probate claims. These disputes can be stressful and emotionally charged, especially if they involve promises or gifts made before death that never made it into the will.

If you believe that a loved one promised you something, such as a property, business, or financial security, but the will says otherwise, you may be able to take legal action. One legal route is through a principle called proprietary estoppel. Another is to challenge the validity of the will itself or bring a claim under the Inheritance Act 1975.

If you are considering taking action, we partner with a highly experienced panel of contentious probate solicitors who can help. They offer a No Win No Fee option, so contact our team for a free, no-obligation consultation to get started.

What Is a Contentious Probate Claim?

A contentious probate claim is a dispute about a person’s estate after they die. It usually involves disagreements about:

• The validity of the will
• Who should inherit
• Whether the Will reflects the deceased’s true intentions
• How the executors handle the estate
• Promises the deceased made that were never legally recorded

These disputes can arise between spouses, children, cohabiting partners, relatives, or even people who helped the deceased in later life.

Contentious probate covers several types of claims, including:

• Claims based on proprietary estoppel
• Claims for reasonable financial provision under the Inheritance Act
• Claims challenging a Will for undue influence, fraud, or lack of capacity
• Claims about executor conduct
• Disputes about trusts or lifetime gifts

If you have evidence of unfair treatment, unmet expectations, or suspicious circumstances around the will, a contentious probate claim may give you a legal remedy.

Promises or Gifts Made Before Death: What Happens When They Don’t Appear in the Will?

Many disputes begin with a simple problem: a promise made during someone’s lifetime does not match what appears in the will.

Common examples may include:

• A parent promises a child they will inherit the family home.
• A farmer promises a farm or land to a child who has worked there for years.
• A relative promises financial support instead of paying wages or rent.
• A business owner promises to pass a company to someone who helped build it.

These promises often involve significant sacrifices. People act on these promises by:

• Working long hours for little pay
• Caring for an elderly parent
• Maintaining or paying for improvements to property
• Giving up a career or home
• Supporting a family business

But if the will fails to reflect those promises, or if the person dies without a will, the person who relied on the promise may have the right to bring a claim.

This is where proprietary estoppel becomes important.

What Is Proprietary Estoppel?

Proprietary estoppel is a legal principle that protects people who rely on a promise about property ownership. If someone acts on a promise to their detriment, and the promise is later broken, the law can step in to enforce fairness.

To succeed in a proprietary estoppel claim, you typically need to prove three key elements:

1. A Clear Promise or Assurance

The deceased must have made a promise or representation about property. It does not need to be written, but it must be serious enough that a reasonable person would rely on it.

Examples include:

• “One day, this house will be yours.”
• “If you stay and help run the business, I’ll leave it to you.”
• “This land will be yours after I’m gone.”

2. Reliance on That Promise

You must show that you relied on the promise and made decisions you wouldn’t have made otherwise.

For example:

• Working for low or no wages
• Paying for property repairs or renovations
• Leaving work to care for the deceased
• Contributing financially to a business or home

3. Detriment Suffered

You must show that relying on the promise caused you some loss or disadvantage.

Common forms of detriment include:

• Loss of income
• Lost career opportunities
• Financial contributions
• Time and labour invested
• Sacrifices made based on the expectation of inheritance

Courts have wide powers to create a fair outcome. Therefore, if a court finds all three elements proved, it may enforce the promise or award financial compensation.

Can You Start a Contentious Probate Claim?

Yes. You can usually start a contentious probate claim if you believe:

• The will is invalid
• You were financially dependent on the deceased but left out of the Will
• The Will does not reflect the deceased’s true intentions
• The deceased made promises you relied on
• Someone influenced or coerced the deceased when they made the Will
• Executors are acting unfairly or improperly

However, before starting a claim, consider the following questions:

Do You Have Evidence of a Promise?

This might include:

• Emails or texts
• Witness statements
• Financial records
• Diaries or notes
• Evidence of work you performed

Did You Act on the Promise?

Courts want clear examples of reliance, such as unpaid work or financial sacrifices.

Did You Suffer a Loss?

Your detriment strengthens your case.

Are There Deadlines?

Yes. Different claims have different time limits:

• Inheritance Act claims – 6 months from the Grant of Probate
• Proprietary estoppel – usually no strict deadline, but starting early is essential
• Challenges to validity – generally before probate concludes

Always seek legal advice as soon as possible to protect your position.

Reasons to Start a Claim Quickly

Delays can weaken your case. Starting early helps you:

• Preserve evidence
• Protect your rights before the estate is distributed
• Prevent executors from selling property
• Secure potential mediation
• Avoid losing your legal remedies due to deadlines

Contentious probate lawyers can negotiate on your behalf, gather evidence, and help prevent costly mistakes.

Do You Need a Solicitor for a Contentious Probate Claim?

Contentious probate is complex. Therefore, professional guidance is essential, especially when:

• You face experienced lawyers representing other beneficiaries
• Large property or business assets are involved
• Family relationships are breaking down
• You suspect undue influence or fraud
• You want to claim under proprietary estoppel

A specialist contentious probate solicitor can assess your evidence, value your claim, and pursue the best strategy for a fair outcome.

Don’t Wait – Get Started Today

If you relied on a promise about property, made sacrifices, or suffered a detriment because you trusted the deceased’s word, you may have a strong legal claim.

Contentious probate can feel overwhelming, but early advice can make all the difference.

We offer a range of fee structures, including No Win No Fee options, along with other flexible funding – speak to our team to find out more.

Contact Jefferies Claims today at 0330 818 0349 or complete our online contact form to arrange your free no-obligation telephone consultation.