If you have worked on the family Farm all of your life, what happens if you were promised the farm but your parents change their mind or leave it to someone else in their will?
For many families, the farm is not just where you work, it is your home, your heritage, your future; being a farmer is your life. If you have spent years (or decades) working on the family farm based on a promise that one day you will own it, what can you do if the promise is broken or the farm is given to someone else in a will?
You may have a legal claim known as 'proprietary estoppel', and it could help secure what has been promised to you.
What is the most common scenario which leads to a proprietary estoppel claim?
It is often the case that you will have worked on the family farm from a young age, helping during school holidays and leaving school early to work on the farm; or specifically going to agricultural college with the intention of educating you ready to come back and work on the farm. It is common for farmers with proprietary estoppel claims to have given up other jobs with better pay and benefits, to have worked long hours on the farm, took little or no pay, and made personal sacrifices such as living on the farm, on the basis your parents but more often than not a father, said, “One day, this will all be yours.”
Proprietary estoppel claims are often triggered by a change to your parents wills which you discover during their lifetime; the unexpected sale of all or part of the farm; or a falling out where they tell you they do not intend to honour the promise they made; or, after death, your parent’s will leaves the farm to you as well as a sibling, despite them never having been involved and living away from the farm.
This is where proprietary estoppel may come in to help secure the farm which you had been promised.
What types cases do you deal with?
Although many proprietary estoppel cases have gone to Court, the majority settle before trial. We have cases which have settled early on, at mediation while the Court proceedings have been ongoing, and on the first day of trial. We have dealt with small farms, estoppel cases involving shares in a family businesses where land is held in a company, farms where only one sibling is actively farming the farm and cases where both parents are still alive, but have broken their promise during their lifetime.
Recent legal decisions: what are the Court’s latest judgments?
The Courts are continuing to intervene where people have had the promises made to them, broken, and can prove the other elements of a proprietary estoppel claim. Three recent cases that show how proprietary estoppel works in real life are:
Winter v Winter (2023)
A son worked for decades on the family farm, based on repeated promises he would inherit it. When the will excluded him, he took legal action. The Court found that a clear assurance had been made, and he had relied on it to his detriment. He was awarded a substantial interest in the farm.
Armstrong v Armstrong (2024)
This case involved two siblings in a farming family. One had stayed on and worked the land full-time for over 30 years after being told repeatedly that “the farm will be yours.” When the will left the land equally between both siblings, the Court stepped in. The judge ruled that the promises, sacrifices, and reliance were enough to justify giving the claimant sole ownership of key farm assets, rather than simply a share. This case reinforces that equal is not always fair when someone has given up decades of opportunity based on a promise.
Cleave & Anor v Cleave (2024)
In this case, the claimants (son and daughter-in-law) had made substantial contributions to the property and relied on assurances that they would have an interest in it. When the relationship between the parties broke down, the mother denied any such interest. The Court found in favour of the son and daughter in law, holding that the mother’s conduct gave rise to a reasonable expectation of rights in the property, and that it would be unconscionable to deny those rights.
What can you do?
If the scenario sounds familiar, here are some practical steps:
- Keep records: Texts, emails, or letters that show the promise. Consider if there are any witnesses who have heard the promise made, or can speak to the future plans of the farm. Independent witnesses typically carry more weight than family members with a vested interest.
- Note your detriment and sacrifices: For example, missed opportunities, unpaid work, improvements you have made to the land or home.
- Get legal advice early: the longer you leave it to take action after you know the promise has been broken, the more likely the opponent will argue that your claim should not be dealt with due to delay. If a sale of the farm or farmland which has been promised to you is imminent, you should take steps quickly to address that.
Our expertise
Proprietary estoppel claims can be complex but we are very experienced in dealing with these types of claims and this, combined with our agricultural experience, gives you the reassurance you need to know you are in safe hands. If you think you are entitled to the family farm and that promise has been broken by your parents, or if they have now died and their will gives all or part of the farm to another member of the family, we can talk through your situation and help you understand your rights.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
