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 'Proprietary estoppel' - easy to avoid
It is very likely only a small number of British farmers and landowners will be familiar with the legal term ‘proprietary estoppel’ – but according to a leading litigation lawyer, this problematic inheritance loophole can cause years of anguish for many farming families. However, Robert Weston, a partner at Midland-based MFG Solicitors, is determined that farmers across the UK plan carefully for the future to avoid these messy legal disputes.
“Proprietary estoppel is not an everyday phrase farmers and landowners will be familiar with. However, it’s a legal loophole which has the potential to have a devastating impact in terms of land and building inheritance.” commented Robert. “In essence, a proprietary estoppel claim is supported by a ‘promise’ – a promise from the deceased landowner who has given an assurance to the claimant, whether that be a family member or farm employee, that the estate in question will be passed to them. Effectively it’s a verbal agreement with no signed contract or will to prove the conversation ever took place. “This element of legislation relies on one thing - an aggrieved beneficiary who feels strongly enough to raise the previously made ‘promise’ and who can provide witness evidence to back up their claim. “But it’s really very simple for landowners to avoid a case of proprietary estoppel after they have gone – and that is by seeking professional help to produce a valid will which takes into account all buildings, land and sometimes even farming equipment. This simple exercise really can overcome any confusion over inheritance.” Mr Weston concluded; “Many of UK’s 300,000 farmers will have planned carefully for tomorrow and ensured their affairs are in place. However, there will be some who are unprepared and put the simple task of writing a will to the back of the queue. These are the people who need to put the wheels in motion to secure their future wishes.” |
Legal update 
