People make promises which they just do not keep. Perhaps the disappointed party decides to do nothing about the broken promise, but it should not be forgotten that there are promises a Court in equity will uphold and prevent a person from breaking
In the case of Dillwyn -v- Llewellyn (1862) a father promised his house to his son who took possession and spent a large sum of money improving the property. The father never actually transferred the house to the son. When his father died, the son claimed to be the equitable owner and the Court ordered the testamentary Trustees to convey the land to him.
150 years on, this is still the law.
People make promises which they just do not keep. Perhaps the disappointed party decides to do nothing about the broken promise, but it should not be forgotten that there are promises a Court in equity will uphold and prevent a person from breaking.
Estoppel by encouragement comes into existence when an owner of property has encouraged another to alter his or her position in the expectation of obtaining proprietary interests. The other person, in reliance on that expectation created or encouraged by the property owner, has changed position to their detriment. If these matters are established, equity may compel the owner to give effect to the expectation in whole or part.
Although a Will is revocable until death or loss of testamentary capacity, equity enforces a contract not to revoke a Will, or to leave property by Will, by fastening a trust on the estate to give effect to the contract. Testamentary promises are not always revocable!
Baker Love Lawyers has been assisting generations of Novocastrians with their estate planning needs, contesting wills, and assisting with estate administration. If you feel you have grounds to contest a will, contact one of our Estate Planning experts on (02) 4944 3322.
