JOURNAL ARTICLE

Claiming a "Hoped-For" Inheritance?

  • Published In: Edinburgh Law Review, 2025, v. 29, n. 1. P. 109 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Mee, John 3 of 3

Abstract

The article critically examines whether legal remedies should be available to claimants who have suffered detriment without having acted in reliance on a promise of inheritance, a question raised but not directly addressed in Professor Alexandra Braun's book *Claiming a Promised Inheritance*. It highlights that while common law doctrines like proprietary estoppel require a promise and reliance for a remedy, some civil law systems and statutory frameworks do not, allowing claims without proof of reliance or a formal promise. The article discusses the normative justifications for requiring a promise and reliance, cautioning against overly broad interpretations that might favor claimants at the expense of defendants, and explores the possibility of alternative foundations for remedies based on unjust enrichment or power imbalances. Ultimately, it calls for further reflection on the legal treatment of cases where claimants have conferred benefits without a clear promise, identifying this as a complex and unsettled area of law.

Additional Information

  • Source:Edinburgh Law Review. 2025/01, Vol. 29, Issue 1, p109
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:1364-9809
  • DOI:10.3366/elr.2025.0941
  • Accession Number:183293285

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