Andrew Fearn, Head of the Agricultural Unit at Langleys Solicitors, explained; in the case of Thorner –v- Majors, the farmers were uncle and nephew; the nephew had worked for many years for his uncle with little or no reward but on the understanding that he would inherit the farm. Uncle died without making a Will and effectively ‘disinherited’ his nephew. The nephew launched his claim based on proprietary estoppel and was successful in establishing that he had relied on his understanding of his uncle’s intentions to his detriment.
Andrew said, “It is so important for farmers to make effective Wills in order to avoid this unfortunate and costly situation. There is evidence that too many farming families rely on informal agreements or, worse, a nod and a wink! It is far better to take good professional advice and leave your family free of uncertainty and dispute”.
For more information please contact Andrew Fearn on 01522 508711 or email
andrew.fearn@langleys.com.