header-logo header-logo

Bitter row at Tump Farm

26 October 2022
Issue: 8000 / Categories: Legal News , Property
printer mail-detail
A disinherited son has won his right to the family farm in a landmark Supreme Court judgment.

Farmer Andrew Guest was disinherited from the family farm, Tump, in Monmouthshire, despite having worked there since leaving school at 16.

He brought an action based on proprietary estoppel, where legal rights to a property exist if a claimant can prove they have been ‘given a clear assurance’ they will inherit and have relied on it, even if nothing is put in writing.

The High Court awarded him a clean break lump payment of 50% of the value of the dairy farm and 40% of the value of the farm buildings. The parents appealed on the basis this would require them to sell the farm. They argued that relief should be calculated on the basis of detriment suffered rather than on the basis of expectation.

Ruling in Guest v Guest [2022] UKSC 27 last week, the Supreme Court held it is the repudiation of the promised expectation which is the unconscionable wrong. Therefore, the correct approach was to look at the son’s expectation of inheritance rather than the detriment-based approach put forward by his parents.

However, it partially allowed the parents’ appeal on the High Court’s overall remedy. The justices held the parents have two choices to fulfil the promisee’s— their son’s— expectation: either pay him a reduced sum now or hold his share of the farm on trust for him for their lifetimes.

Polly Ridgway, senior associate at Clarke Willmott, which represented Andrew Guest, said the Supreme Court had prevented a ‘clear injustice and, as a result, Andrew will receive his inheritance promised to him’.

Laura Phillips, senior associate at Kingsley Napley, said the decision ‘demonstrates the wide discretion that the court has to provide remedies that would help achieve equity between the parties’.

Issue: 8000 / Categories: Legal News , Property
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

New Square Chambers—Alexander Farara

New Square Chambers—Alexander Farara

Chambers welcomes new member

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll