A makes an undertaking to B in writing – on three occasions- to relinquish his inheritance in a Will in favour of B.
B relies on this undertaking and incurs time and costs believing A will honour this undertaking.
B also offers to pay any of A’s legal costs in his signing the Deed of Variation.
The D of V is sent to A who, after several months does not respond even after reminders are sent. So B is in limbo and questions if A's promise is enforceable.
Unless the offer by B to pay A’s legal costs together with B incurring costs based on A’s promise are deemed consideration there is no contract in the absence of such consideration.
Having researched promissory estoppel B cannot instigate a claim on A as this doctrine can only be used as a defence (“shield but not a sword”) – not a cause of action.
How is this equitable ?
the executors should follow the terms of the will.
'incurs time and costs'?
A promise to make a gift of property in a future conditional gift is a long stretch.
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