Tuesday 3 December 2024

Navigating the Inheritance Maze: Your Guide to Probate, Will Disputes, and Estate Challenges

Top 5 This Week

Related Posts

Son awarded farm in inheritance promise dispute by court

Michael Spencer wins claim against late father’s estate for promised inheritance of Lincolnshire farm

Michael Spencer has emerged victorious in his claim against the estate of his late father, John Spencer, after a lengthy legal battle over the family’s Lincolnshire farm. The case, known as Spencer v Spencer, centered around a promise made by John to Michael that he would inherit the farm, a promise that was ultimately upheld by the court.

The dispute arose following John Spencer’s death in October 2018, which led to the revelation of his third will, in which the farmland was placed into a trust rather than being passed on to Michael as in an earlier will. This decision sparked a legal battle based on the legal principle of proprietary estoppel, which requires the claimant to prove that a promise was made to them, that they relied on that promise, and that it was to their detriment to do so.

Throughout the case, Michael presented evidence of numerous assurances made by his father regarding his inheritance of the farm. Witnesses, including the farm’s agronomist, a neighbor, and a neighboring farmworker, all testified to conversations with John that gave them the impression that Michael would inherit the land. These assurances were deemed significant inducements for Michael to stay committed to the farm, despite a difficult working relationship with his father.

The court ultimately found in favor of Michael, ruling that he had suffered detrimental reliance on his father’s promises and that it would be unconscionable for the promise to be broken. As a result, Michael was awarded the owned farm, with the exception of 90 acres of land with planning permission for mineral extraction. The judge also ordered that Michael receive the equivalent agricultural value of the excluded land to allow him to find alternative land.

The case sheds light on the growing trend of farming proprietary estoppel disputes, with law firm Burnetts noting that they have a number of similar cases ongoing. These cases can be complex and costly, with estimates suggesting that taking such a claim to court can cost upwards of £100,000 plus VAT. Despite the challenges, the Spencer v Spencer case serves as a reminder of the importance of honoring promises and the legal recourse available to those who have been detrimentally affected by broken assurances.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Popular Articles