We specialise in dealing with family farming disputes in Devon, Cornwall, and Somerset.
Our team of specialist trust dispute solicitors have seen a significant rise in the number of farming disputes in recent years. There are likely to be many reasons for this, but the complicated structures of modern farming businesses and the historical lack of succession planning, combined with the rise of more complex, blended families, is likely to be a big factor.
Many disputes arise when a family member feels they have lost out due to a broken promise. This is often when someone passes away, but disputes also occur when property or business assets are transferred while the owner is alive.
Family farming disputes involve legal principles that most lay people are unfamiliar with. One such principle is ‘proprietary estoppel’. This is a common cause of action where someone has invested time and effort into a farming business on the understanding they will ultimately inherit, only to find they have been overlooked.
The key elements of a proprietary estoppel claim are that:
1. a promise has been made;
2. someone has relied on that promise;
3. that person has suffered detriment as a result; and
4. it would be ‘unconscionable’ for that promise to be reneged upon.
You can read more about how proprietary estoppel can impact farming families here.
Family farming disputes can also involve claims made under the Inheritance Act. This is common when someone who expects to inherit is left out of a Will, or where a person has died without making a Will and the intestacy rules apply. In addition, challenges can be made to the legal validity of a Will on a range of grounds, such as lack of mental capacity or undue influence.
Another legal principle we often rely on in family farming disputes is ‘beneficial ownership’. This line of argument was used very successfully by partner Naomi Ireson in a dispute involving a farming family from Somerset. You can read about the case here, and will see that Naomi relied upon both ‘proprietary estoppel’ and ‘beneficial ownership’ to win that case.
Naomi’s clients were delighted with the outcome she achieved, leaving her a highly complementary review:
“Naomi made what was a very stressful situation for us easier to deal with by effectively explaining our legal position, and her action plan. She was always quick to respond if we didn’t understand something, kept us informed as to when she would make contact with us – she was just completely awesome throughout.
We will be forever grateful for Naomi’s professionalism and reassurance. We will be recommending Slee Blackwell with sincere gratitude.”
Naomi resolved that case using mediation, rather than court proceedings. Mediation is a faster and more cost-effective method of resolving farming disputes, and our team will always consider this option.
With seven local offices throughout the southwest, we offer a range of funding options, including No Win, No Fee, and provide a free case assessment service.
