fbpx

Farmer Acts to Protect Family Promise

21st August 2018 By Arman Khosravi

Farming families appear regularly in the courts these days, as more and more cases arise that feature undocumented promises that have been made (or are alleged to have been made) by parents but not kept. The law will only enforce such informal arrangements when it can be shown that someone acted to their own detriment in a way they would not have done had the promise not been made. This is called ‘promissory estoppel’ in legal terminology.

Such claims can be very difficult to substantiate.

In the latest such case, the son of a farming couple claimed that his mother and late father made a promise to him that in exchange for his working full time on the family farm throughout his adult life for a very low wage, he would inherit it. It is now valued at more than £1 million, although the farming business makes very small profits.

His mother claimed that no such promise was made and that the son will inherit a one-third share in the farm with his four siblings sharing the other two thirds.

When it became obvious that the mother was likely to take steps to abrogate the agreement, the son went to court to seek an order to prevent her from making any disposition of the property.

The usual contradictory evidence was heard and the usual antipathy between different siblings was present. Although one of the children supported her mother’s contentions, unusually, two of the other children supported their brother’s claim. Eight other witnesses were called.

Finding that the weight of evidence strongly favoured the son, the court ruled that to protect his position he should be allowed to present a draft form of order (the judge made some suggestions as to how that might be accomplished) for negotiation and approval or settlement by a further court hearing if needed.

Source: Concious

Latest News

Retired Businessman's Final Will Ruled Invalid

2nd May, 2024 By

Having your will drawn up professionally by a qualified solicitor is always a sensible precaution, especially in later life. In a recent case, the High Court ruled that a retired businessman lacked testamentary capacity when he made a will less than three and a half years before he died at the age of 87. The man and his first wife were married for nearly 40 years and had four children. After her death he married again. In October 2015 he made a new will, revoking in most respects a will...

Company Owner's Negligible Value Claim Unsuccessful

29th April, 2024 By

When an asset falls in value to the point that it is almost worthless, it may be possible to make a negligible value claim under Section 24 of the Taxation of Chargeable Gains Act 1992. The asset will then be treated as if it had been sold and immediately acquired again, so that the loss can be set off against other income. For a claim to succeed, however, the asset must have become of negligible value during the time the claimant owned it. On 30 September 2017, a woman who...

Court Sanctions Leg Amputation for Man Lacking Mental Capacity

24th April, 2024 By

The courts are often called upon to sanction treatment for patients whose ability to make decisions for themselves is impaired. In a recent case on point, the Court of Protection had to decide whether it was in the best interests of a man with mental health issues to have his right leg amputated above the knee. The man, aged 60, was taken to hospital by his niece. He was found to have an ulcerated leg. He had a history of paranoid schizophrenia, and believed that the sores on his leg...

High Court Grants Parental Order Despite Previous Adoption

18th April, 2024 By

In law, adopted children are regarded as having been born to their adoptive parents. The Family Division of the High Court recently considered whether that fact precluded a parental order being granted under the Human Fertilisation and Embryology Act 2008 (HFEA) in respect of a child born via surrogacy. A couple who lived in the USA had entered into a surrogacy arrangement with another woman. An adoption order naming the couple as the child's parents had been made by a US court and was automatically recognised under UK law. However,...