The recent high court case of Armstrong v Armstrong, 2024 EWHC 2989 Ch highlights the potential disputes that can arise on the death of a member of an agricultural family.
Our Agricultural Lawyers explore the recent High Court case - a pivotal ruling that sheds light on contentious probate disputes and the doctrine of proprietary estoppel within agricultural families.
What Is Proprietary Estoppel?
The case centres around the doctrine of “proprietary estoppel”.
A proprietary estoppel claim arises when:
- A promise/assurance is made in relation to specific land or property;
- The Claimant must have relied on that promise;
- Reliance on the promise has caused the Claimant to suffer detriment.
- The promise is broken.
Where all elements of the claim are proved, the Court will decide if it is unconscionable for the promisor to go back on their promise and, if so, what remedy should be provided to the Claimant.
Armstrong v Armstrong, 2024 EWHC 2989 Ch
The case involved the estate of the late Alan Armstong. Alan and his wife, Margaret, were from farming families and bought two farms in North Yorkshire during their marriage, “Allerton Grange Farm” and “North Cowton Grange Farm”.
Margaret died in 2018 and Alan died in 2020, leaving five children. Two of their sons, Simon and Richard, had worked on the farms since they were teenagers.
Richard worked primarily at North Cowton and lived there with his wife and children at the farmhouse. Simon primarily worked at Allerton Grange and lived in a separate property nearby.
There had been tensions between Simon and Richard for many years, and steps had been taken to separate the day-to-day operations of the two farms to avoid conflict.
Further difficulties arose in later years when Richard’s son, Thomas, began working at North Cowton.
Thomas had difficult relationships with both Simon and Alan.
In 2020, Alan visited a solicitor and changed his Will to leave Allerton Grange to Simon and North Cowton to Simon’s son, George. Richard did not receive any provision under the Will. Richard brought a Proprietary Estoppel claim against Alan’s estate.
Court Findings on Proprietary Estoppel
The Court found that Richard’s claim satisfied the elements of proprietary estoppel for the following reasons:
- It was more likely than not that Alan had promised Richard that he would inherit North Cowton; this was due to various factors such as notes of meetings with solicitors over the years where future plans were discussed, along with evidence given by various family members in person at the trial.
- Richard had relied on the promise to his detriment by choosing to attend agricultural college rather than university, continuing to work at North Cowton for a modest income, taking on responsibility for farm debts and not making arrangements for the possibility of having to leave the farmhouse in the future.
- The promises made by Alan were broken and this was unconscionable as they were made over a period of over 35 years and altered Richard’s position in life as he had poor prospects of finding alternative work or being able to purchase a property of his own.
Lessons from Armstrong v Armstrong
Whilst early and clear discussions within agricultural families about succession planning are the most reliable method of avoiding disputes, such as Armstrong, there are numerous reasons why this often does not happen, such as family dynamics and relationships.
The effect is that individuals need to turn to litigation for a remedy.
If you find yourself in a position similar to Richard Armstrong's, it is crucial to seek advice from an expert as soon as possible.
Contact Our Agriculture and Contentious Probate Teams
If you are dealing with a contentious probate matter or need guidance on proprietary estoppel claims, our expert team is here to help.
Our Agriculture team have extensive experience in resolving complex inheritance disputes, particularly those involving agricultural estates.
01619414000
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Rhiannon Edwards
Senior Associate
Rhiannon is a Senior Associate and joined the Myerson team in 2024. She qualified as a solicitor in 2016 having completed her legal studies at the University of Newcastle Upon Tyne.
Rhiannon is an experienced probate litigator and advises on a full range of probate disputes. She also has a wealth of experience advising on non-contentious probate matters such as the drafting and administration of wills and trusts, this allows Rhiannon to bring a unique perspective to probate disputes.
Rhiannon is a full member of the Society of Trust and Estate Practitioners (STEP) and is working towards her Association of Contentious Probate Specialists (ACTAPS) full membership.
Rhiannon has a nationwide client base and prides herself on her practical and empathetic approach. Rhiannon has a particular interest in matters with an agricultural element stemming from her upbringing in North Wales.
