CanadaCan I claim a promised inheritance even if it was not in the will?
Yes, you may be able to claim a promised inheritance not included in the will if you can prove proprietary estoppel — that someone promised you property, you reasonably relied on that promise to your detriment, and it would be unfair for them to go back on it.
What the Law Says
Canadian law generally respects the terms of a valid will — but exceptions exist. One key exception is proprietary estoppel, a legal doctrine that can enforce informal promises about inheritance, even when no will provision exists.
Proprietary estoppel applies when: (1) a clear promise or assurance is made about future property; (2) you reasonably rely on that promise; and (3) you suffer a detriment as a result — such as giving up other opportunities, caring for the promisor, or paying for property improvements. If all three elements are met, a court may order the estate to transfer the promised asset or provide fair compensation.
This doctrine does not override the will itself, but it can impose an equitable obligation on the estate or beneficiaries to honour the promise. It’s grounded in fairness — preventing unjust enrichment or unconscionable conduct by those who benefit from your reliance.
What Courts Have Said
The Supreme Court of Canada confirmed the strength and scope of proprietary estoppel in estates in Cowper-Smith v. Morgan.
The Court held that a promise to transfer property upon death can found a proprietary estoppel claim, even without a formal will provision — provided the promisee reasonably relied to their detriment. The remedy must be proportionate and just, not necessarily full transfer of the promised asset.
What to Do
Gather evidence of the promise (e.g., witness statements, letters, emails, recordings),
Document how you relied on it (e.g., moved in to care for the person, declined a job, paid for home repairs),
Show the resulting detriment (e.g., financial loss, time invested, opportunity costs),
Consult a Canadian estates lawyer promptly — strict limitation periods may apply, and claims must be filed before estate assets are distributed.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-10.