DURING a lifetime working on the land and loyal service to the landowner , he was promised , by his employer , the land and house in which he lived , would be left to him in his employer ’ s Will . Uncle Len never doubted this promise and in reliance , failed to make provision , should he be let down .

The trust he placed in that assurance of future inheritance , also took away his motivation to pursue other opportunities for better employment , training , or further education .

When his employer died , his Will left nothing to my uncle . He and my aunt had to leave the house which had been their home for decades , promised would be theirs one day . They did nothing further about the matter .

How radically different my uncle and aunt ’ s lives might have been , and their descendants , if I could have passed on my knowledge , as a solicitor , dealing with probate and trust disputes .

Whilst all cases usually turn on the facts , being left out of a will , does not always mean no inheritance . There are several potential grounds to challenge the distribution of a deceased ’ s estate .

In my uncle ’ s case , this is the law of , “ Proprietary Estoppel .” Briefly , there are 3 elements . Promises are made by one party to another , the promise is relied on and results in detriment .

The essence of this legal doctrine is to try to put right an unfairness . In such circumstances , the Will may not be the last word on the distribution of the estate .

Whilst not confined just to Wills , proprietary estoppel cases usually have the greatest impact amongst farmers , where

inheritance of the family farm , left under a Will to one party , or parties , may be ordered to be distributed to another . This , of course , means life changing sums are either lost , or acquired , despite the wishes of the deceased .

Rows between parents and adult children , increasingly close relationships between an elderly parent and other adult siblings in the later years of a deceased ’ s life , unmarried relationships , divorce , re-marriage , or step children , are classic situations producing many of the leading and most strikingly successful

cases , involving claims on estates .

Where a claim is brought against an estate of a deceased , by a person disappointed by lack of inheritance under a Will , or even disappointed as no Will promised in fact exists , triggering intestacy rules of inheritance , the executors , or administrators , in the case of no Will , often take a neutral stance to a claim on an estate .

This risks a claimant , with an unopposed large claim on a deceased ’ s estate , taking more , or all of the estate to satisfy their claim than otherwise , as they

are unopposed . Beneficiaries of a deceased ’ s estate might be at serious risk of not receiving payment , if not promptly , professionally legally represented , separately from the executors , or administrators .

Strict time limits to bring a claim against an estate apply and potential claimants may risk being too late to bring a claim against a deceased ’ s estate if they miss legal deadlines , so any potential claimant , or indeed , beneficiary , looking to defend their inheritance , is best taking immediate legal advice to protect their position .

The law discussed in this article may apply to any business , not just farming and also covers various types of property , not just land , such as intellectual property , e . g . inventions and designs .

For any help and advice regarding disputes on inheritance or any other litigation matter contact me Julie Bradwell on York 01904 716000 , Wetherby 01937 583210 or Malton 01653 692247 or email julie . bradwell @ warekay . co . uk and quote Farmers Mart .