Wills & Trusts Law Reports | Summer 2023 #191A father made repeated promises to his son that he would inherit an undefined part of a farm, sufficient to enable him to operate a viable farming business on it, after the death of his parents. Relying on that promise, the son spent the best part of his working life on the farm, working at very low wages and accommodated in a farm cottage. After a deterioration in the relationship between the father and son, it proved no longer possible for the two to work together, and the son therefore moved out, and the father cut him out of his will.
The son claimed an interest in the farm as...
William Batstone examines the Court of Appeal decision in Davies v Davies [2016] ‘Detriment need not be quantifiable financial detriment, but it must be substantial and it must be weighed against any countervailing benefits.’ Tegwyn and Mary Davies have farmed in West Carmarthenshire since 1961 and they continue to do so now in their mid-seventies. …
Continue reading "Proprietary Estoppel: Considering detriment"
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