“One Day the Farm Will All Be Yours” – Grounds to challenge inheritance

As a child, I was oblivious to Uncle Len’s misfortune.

During a lifetime of loyal service to the landowner, he was promised by the landowner, the land and house where he lived and worked, would be left to him in his employer’s Will. Uncle Len never doubted this promise and in reliance, failed to make provision, should he be let down.

The trust placed in that promise, also took away his motivation to pursue better employment, or buy a house.

When his employer died, his Will left Uncle Len nothing. He and my aunt had to leave the house which had been their home for decades, promised would be theirs one day. They did nothing further about it.

How different my uncle and aunt’s lives might have been, if I could have passed on my knowledge, as a solicitor, dealing with probate and trust disputes.

There are several potential grounds to challenge the distribution of a deceased’s estate.

In my uncle’s case, this is the law of, “Proprietary Estoppel.” There are 3 elements. Promises are made by one party to another, it is relied on and results in detriment.

It tries to put right an unfairness, so the Will may not be the last word on inheritance.

Proprietary estoppel cases usually have the greatest impact amongst farmers, where inheritance of the family farm, left under a Will may be re-distributed to another. Life changing sums are lost, or acquired, despite the wishes of the deceased.

A potential claimant, or indeed beneficiary, is best taking immediate legal advice.

For advice regarding disputes on inheritance or any other litigation matter contact Julie Bradwell, Litigation Solicitor on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or complete our online contact form.