At Nurture Law, we understand that when expectations are not met, especially after the death of a loved one or within complex family arrangements, it can lead to legal and emotional strain. One powerful but often misunderstood area of law that can help in these situations is equity.
This blog explains equitable claims in Queensland and outlines common situations where you might be entitled to a remedy, even if you’re not named in a Will or on the title of a property.
What is an Equitable Claim?
An equitable claim arises when the courts intervene to ensure fairness and prevent unjust outcomes, particularly where one party has been misled, disadvantaged, or unfairly left out after relying on a promise or contributing to property or assets.
These claims don’t rely on contracts or written agreements, but instead on broader legal principles such as:
- Proprietary Estoppel: When a person relies on a promise to their detriment, and it would be unfair for the other person (or their estate) to go back on it.
- Constructive Trusts: When someone contributes to property owned by another and it would be unjust for the legal owner (or estate) to retain the full benefit.
- Resulting Trusts: When assets are transferred under circumstances suggesting they should be held for someone else.
- Unjust Enrichment: When one person gains a benefit at another’s expense without legal justification.
Common Situations Where Equitable Claims Arise
At Nurture Law, we regularly help clients facing situations like the following:
🏡 Promises Made About Inheritance or Property
A parent or elderly relative tells a family member they will inherit the home or a specific asset in exchange for care or assistance, but later changes their Will or makes no provision. If that family member has changed their life or made sacrifices based on that promise, an equitable claim may arise.
👩🌾 Contributions to Property Without Legal Ownership
Someone invests time, money, or labour into maintaining or improving a property owned by a family member or partner, based on an understanding they would have a future interest. After the owner passes away, the estate may try to retain full ownership, despite the contributions made. A constructive trust may be imposed to reflect the true relationship.
👨👩👧👦 Informal Family or Cultural Arrangements
Family members may enter into long-standing informal agreements about land, inheritance, or support (especially common in multigenerational households or small family-run farms or businesses). If these arrangements are not honoured by the estate or surviving relatives, equity can step in.
🏢 Joint Ventures or Unwritten Business Agreements
Where friends, relatives, or de facto partners contribute to a joint asset (such as a property or small business) with an understanding of shared ownership or benefit, but only one name is on the title, an equitable claim can help rectify the situation.
🧓 Caring for Elderly Parents Based on Promises
A person may give up work or housing security to care for a parent, believing they will be “looked after” in the Will or given a place to live. If the estate leaves them out or sells the home, they may be entitled to an equitable remedy.
Equitable Claims vs Family Provision Applications
It’s important to understand the difference between equitable claims and family provision applications:
- A family provision application is based on your relationship with the deceased and whether proper provision was made for you under their Will or estate.
- An equitable claim is about promises, contributions, or conduct that give you a right to specific property or a financial interest, even if you’re not a beneficiary.
In many cases, both types of claims can be made together.
How We Can Help
At Nurture Law, we are experts in both estate law and equitable remedies. We’ll take the time to understand your situation, explain your rights clearly, and help you achieve a fair outcome whether through negotiation, mediation, or litigation.
We can help you:
✅ Identify whether you have an equitable claim
✅ Gather evidence and assess your options
✅ Communicate with executors or opposing parties
✅ Resolve the matter compassionately and effectively
Ready to Talk?
If you believe you’ve been unfairly left out of an estate, or you’ve made contributions or sacrifices based on a promise that hasn’t been honoured, you may have a valid equitable claim.
📞 Contact Nurture Law today for a confidential consultation with our experienced and compassionate team.
