Can a Verbal Promise Override a Will?

A verbal promise does not override a valid Will. However, in some circumstances a court can give effect to a promise made by the deceased if it would be unconscionable for the estate to go back on it. This would be by a claim of proprietary estoppel, where the claimant must usually show a clear enough assurance, reliance on that assurance, and detriment.

For example, in Spencer v Spencer [2023] EWHC 2050, the claimant worked for many years on a farm for little or no pay in reliance on assurances that he would inherit it. The claimant was successful in having this assurance upheld, despite it going against the will and the the majority of the farm was provided to him from his father's estate after his death.

If you are considering taking action, our specialist proprietary estoppel and trust claims solicitors advise individuals seeking to enforce promises concerning property or inheritance, as well as those defending such claims.

How does the court assess credibility in cases involving verbal promises? 

The court will look closely at all of the evidence. Often in cases involving verbal promises the evidence is largely conversations that cannot be evidenced by documents, and is witnessed only by the claimant and the deceased. Therefore, the evidence is most commonly in the form of witness statements. The court will consider the exact words used, the context in which they were said, whether the promise was repeated, whether there are third party witnesses.  

Other evidence may include letters, emails or messages from the deceased, solicitors’ attendance notes, Will-drafting files, earlier draft Wills, partnership or shareholder agreements, business or farm records or financial records showing low or unpaid work. 

What legal doctrines or laws apply when someone relies on a verbal promise about inheritance? How do these affect a disputed Will? 

The most common is proprietary estoppel. This may arise where the deceased made an assurance about property or inheritance, the claimant relied on it, and the claimant suffered detriment as a result. If established, the court has flexibility when deciding the remedy although the starting point will be the enforcement of what was promised. This may be discounted if enforced earlier than the promise would have resulted in (Guest v Guest [2022] UKSC 27). 

Does a written Will automatically invalidate any verbal agreement? 

A written Will is highly important, as it records the deceased's testamentary wishes. However, it does not automatically defeat every claim arising from a promise made during the deceased's lifetime. If a claimant can establish proprietary estoppel, the estate may be prevented from relying on the terms of the Will where it would be unconscionable to do so.

That said, the existence of a professionally prepared Will is likely to be strong evidence of the deceased's intentions and will assist the Defendants in resisting the claim. Accordingly, the claimant will need to produce compelling evidence of the alleged promise, their reliance upon it, and the detriment they suffered as a result.

Where the issue is inadequate financial provision rather than an enforceable promise, certain eligible individuals may instead consider an Inheritance Act 1975 claim, which is legally distinct from proprietary estoppel.

Can executors defend the estate against a claim based on a verbal promise? 

Yes. Executors and personal representatives have a duty to administer the estate properly and may defend the estate where a claim is not accepted.

Where a disagreement affects how an inheritance is distributed, specialist advice on estate administration disputes can help executors and beneficiaries understand their respective rights and responsibilities.

Can a verbal agreement override a will if the deceased had mental capacity issues? 

If the issue is whether the Will itself is valid, the court applies the testamentary capacity test from Banks v Goodfellow (1870):  the person must understand the nature and effect of making a Will, the extent of their property, the claims of those who might expect to benefit, and must not be affected by a disorder of the mind that distorts the decision. 

If the claim is about a verbal promise, capacity may be relevant to whether the deceased was capable of making a serious assurance and whether it was reasonable for the claimant to rely on it. Capacity concerns do not automatically make a verbal promise either enforceable or unenforceable.

Where there are concerns about the deceased's testamentary capacity or the validity of the document itself, the circumstances may also justify seeking advice on contesting a Will.

How can you reduce the risk of disputes over verbal promises when planning your estate? 

Estate plans should be recorded clearly in a professionally prepared Will, and any lifetime promises or arrangements should be documented. If someone changes their mind, they should update their Will and where appropriate explain the reasons in a separate letter or solicitor's attendance note. Families should be cautious about informal assurances such as “one day this will all be yours”. Clear records, regular reviews and proper legal advice can greatly reduce the risk of a dispute later. 

If someone witnessed the promise, does that make it enforceable? 

A witness will help, but it does not automatically make the promise enforceable. The witness will likely provide important evidence about what was said, the circumstances, context and whether the words sounded like a serious commitment. However, the claimant must still prove the legal elements, including assurance, reliance and detriment. The court will also consider the witness’s own credibility and relationship with the parties before deciding how much weight can be given to their account.  

If a parent promised something to a child, will the court always honour it? 

The court will not automatically honour a promise simply because it was made by a parent to a child.   The court will ask whether there was a clear assurance, whether the child relied on it, and whether they suffered detriment.  

In farming and family business cases, claims are often stronger where a child has worked for many years for low pay, given up other opportunities, or structured their life around the promised inheritance. Even then the court will decide what is fair and proportionate in the circumstances and it is not an automatic right, the onus remains on the Claimant to prove the legal test. 

Get advice on verbal promises about inheritance

If you are asking whether a verbal promise can override a Will, you may have made significant sacrifices because you believed you would inherit a home, farm or family business. When the Will does not reflect that promise, our Contentious Trusts and Probate solicitors can assess what was said, how you relied on it and whether you may have grounds for a proprietary estoppel claim.

Contact our team to discuss the promise made to you and understand your options. We also advise executors and beneficiaries where a claim based on a verbal promise could affect the estate.

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