In October of the year, Clive Shaw bought a propriety estoppel claim against his aging parents.
He claimed that his father had promised since 1978 that he would inherit the family dairy farm when the parents died. However, following a number of arguments between the parents and the son over his “workshy” attitude and his choice of partner, he was written out of their Wills in 2017.
Passing judgement yesterday, the Judge Linwood said
“There was a family expectation that Clive, as the eldest child and only son, would inherit the farm – in the sense of it being a family business – not purely as an asset, but as a working farm, to be inherited by Clive as a farmer.
Clive was promised the farm would be his inheritance from about 1978 onwards, but those assurances were conditional upon Clive working properly on the farm in the manner of a dedicated, long-term farmer."
However, Clive was not sufficiently interested and his lifestyle choices were such that he did not want to take on the farm and dedicate himself to it, as his interests were elsewhere, in driving and engineering.”
Mr Shaw and his partner now have just 6 weeks to leave their home on the family farm. He has also been ordered to pay £100,000 in legal fees. The farm is to be shared between Mr Shaw’s two sisters.
Oratto probate solicitors have experience in advising on propriety estoppel claims and defending against one. Contact us today on 0845 3883765 or use our online contact form, and we will connect you to the best lawyer for your situation.