The promise of Jam tomorrow: dispute over fruit farmer’s estate reaches the Court of Appeal

The case of Winter v Winter has been heard recently in the Court of Appeal and Judgment was given yesterday.

This inheritance dispute involved two adult children who had challenged their late father’s Will as he had failed to follow through on a promise made to them during his lifetime.

The claim was heard in the High Court in 2023 where the Court allowed the challenge on the basis of proprietary estoppel but that Judgment was appealed.

High Court Summary

The claimants – Richard and Adrian – had been promised by their parents multiple times that they would leave their strawberry farm to their three sons equally. Richard and Adrian had relied on this promise by working on the fruit farm and not pursuing other careers.

Their mother died in 2001, and in 2015 their late father amended his Will, leaving the entirety of the strawberry farm to his third son, Phillip. The defendant, Philip, refuted his brothers’ claim, stating that their father had the freedom to change his Will.

The claimants tried to argue that the new will was not valid.  They lost that argument in the High Court.  However, they also claimed “proprietary estoppel” on the basis that their parents had promised them on numerous occasions that all three sons would benefit equally if they committed themselves to working on the farm. The claimants stated that they had relied on this promise to their detriment. The Court was in favour of the argument for proprietary estoppel as it was found that their parents had promised them several times that the business was to be divided between the three of them. Therefore, it was held that the business would be divided between all three sons.

Court of Appeal Summary

The Court of Appeal unanimously agreed with the High Court Judgment and dismissed the appeal.

The Judge’s findings agreed with the previous Judges findings as a promise was made to Richard and Adrian, which they had relied upon to their detriment. The Judge had explained that if Richard and Adrian had not relied on this promise, they would have pursued careers in other areas.

Proprietary Estoppel

Proprietary estoppel claims occur when a person has relied on a promise to their detriment and the Courts then look to give effect to that promise.

This case highlights the importance of not making promises that you do not intend to follow through with, as well as ensuring that contemporaneous evidence is documented to prove your intentions.

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