Promise of Inheritance
Did you know that promises you make during your lifetime could lead to claims against your farm and property upon your death?
Summer 2009
The law relating to promises is complicated and is governed by the principle known as ‘proprietary estoppel’. Proprietary estoppel can occur where person X makes a promise to person Y, and person Y relies on that promise to their detriment. X’s promise must be clear and unequivocal and it must have been reasonable for Y to rely on that promise.
For example, you might engage a farm worker on your farm for many years on low pay and reassure him that, one day, the farm will be his. Will he have any legal rights if the farm passes tosomeone else upon your death?
The very recent House of Lords case of Thorner v. Major (2009) provides some guidance as to the Court’s approach in these circumstances.