Farming Succession / Estopple

Unfortunately farming families do not always record their promises and plans for the
future, often a child is ‘promised the farm’ for all their hard work but nothing is in
writing ! – What then ?

Estoppel is an area of English Law taken from the French word Estoupail and is
concerned with preventing somebody going back on a promise.

Ordinarily the Law will not hold a person to a mere promise, but English Law has
developed to support a person who has relied on a significant promise to their
detriment in certain circumstances. It can force the promisor to keep good to the
promise. The Courts are frequently asked to consider this in the context of farming
families where frequently its understood within the family that the farm will ultimately
pass to one or more of the children at the end of the parents farming days.
Sometimes however events interpose and the child will feel they have been left out,
overlooked, or the promise has been completely ignored. When that happens the
Courts can grant a remedy from simply awarding compensation (financial
compensation) in lieu of the promise not kept, all the way through to transferring the
entire farm, its stock and all equipment to the child so as to keep good the promise
that they had originally been made. This is a complex area of Law, but one that we
understand well and which we are happy to give free initial advice on should you feel
that you might have a case or are facing an accusation by somebody.
Our Mr Procter has significant expertise in such cases and recently acted for the
winning party in the widely publicised case of Vasami v Hack [2023] EWHC 2431
(Ch). Call Ian for a no obligation chat on 01254 822330

For Farming Succession / Estopple advice in Cumbria, Skipton, Harrogate, Clitheroe, Longridge, Burnley, and Nation wide contact us today.