Detrimental Reliance in Trusts Law

Detrimental reliance, also known as promissory estoppel, plays a significant role in trusts law. It occurs when a person reasonably relies on a promise or representation made by another, to their detriment, such that it would be unjust to allow the promisor to go back on their word. This principle is crucial in ensuring fairness and preventing injustice, particularly when dealing with trusts and equitable claims.

In the context of trusts law, detrimental reliance often arises when a settlor makes a promise or representation regarding the establishment or terms of a trust, and the beneficiary relies on this promise to their detriment. For example, if a settlor promises to create a trust for the benefit of a particular individual, and that individual, relying on this promise, takes certain actions or refrains from taking actions that they otherwise would have, detrimental reliance may be invoked to enforce the promise.

Courts apply the doctrine of detrimental reliance to prevent a promisor from denying their obligations if the promisee has reasonably relied on the promise and suffered a detriment as a result. In trust law, this principle can be used to compel the enforcement of informal trusts or promises that might not meet the strict formalities typically required for the creation of a trust. For instance, if a settlor orally promises to create a trust and the intended beneficiary acts on this promise, the court may enforce the trust despite the lack of formal documentation, provided the beneficiary's reliance was reasonable and detrimental.

Detrimental reliance is particularly relevant in cases involving constructive trusts and proprietary estoppel. A constructive trust may be imposed by a court to address situations where it would be unconscionable for the holder of property to deny the claimant an interest in it. Proprietary estoppel, closely related to detrimental reliance, arises when one party is led to believe they will acquire an interest in property and acts to their detriment based on this belief. In such cases, the court can enforce the promise or representation to prevent unjust enrichment.

The doctrine of detrimental reliance in trusts law serves as a safeguard for individuals who, in good faith, act based on promises or representations made by others, ensuring that such reliance is not unjustly ignored. By enforcing promises and representations where detrimental reliance is evident, courts maintain the integrity of trust relationships and promote equitable outcomes.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance Here

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.