The doctrine of approbate and reprobate is a specific species of estoppel. The broader principle of estoppel prevents you from going back on what you have already stated, while the doctrine of approbate and reprobate prevents you from accepting the benefits of a transaction while simultaneously rejecting its burdens.
Key Distinctions between Both Legal Concepts
Estoppel:
A broad legal principle that prevents a person from stating something contrary to what they previously stated or what the law recognizes as true.
If you tell someone “I will sell you this land,” and they build a house on it based on the promise, you are then estopped from declining to sell the land after they build the house.
Approbate and Reprobate:
It means when translated from Latin to English, “that which I approve, I cannot disapprove”. It is specifically about election of rights. For example, one cannot accept a benefit under a will, contract, or instrument and then turn around and challenge the validity of that same instrument to gain an advantage.
The concept Approbate & Reprobate focuses on Mutuality or Fairness. It prevents a party from blowing hot and cold on the exact same document or transaction.
