Farmer's son defeats sister's appeal against proprietary
estoppel award
21 June 2012
The son of Yorkshire farmer Frank Suggitt is
entitled to inherit most of the family estate even though Suggitt
left it to his daughter, the England & Wales Court of Appeal
has confirmed.
Suggitt died in 2009. His estate consisted of
400 acres of farmland, some houses, and cash of GBP150,000. His
will nominated his daughter Caroline as sole beneficiary. It also
stated that Caroline should transfer the farm to his son John if
‘in the absolute opinion of Caroline’ he showed himself capable of
running it - though the will expressly did not impose a trust to
this effect.
John challenged the will on proprietary
estoppel grounds, claiming that Frank Suggitt had repeatedly
promised to leave him the land. Last year the High Court ruled in
John's favour and granted him a three-quarters share of the GBP4
million estate, including the farmhouse he occupied along with his
family.
Caroline then took the case to appeal. The
evidence offered for John's lack of farming ability was that many
years earlier he had left his agricultural college without
graduating, and that he had already spent a modest inheritance from
another relative. However, in recent years he had established and
ran his own business, with financial support from his father.
But according to newspaper reports, the Appeal
Court under Lady Arden has now rejected Caroline's appeal. They
ruled that John had been given unconditional assurances that he
would receive the land and house when his father died. Caroline
will retain only the house and money left to her by her father's
will.
Sources
Telegraph
Mail
BAILII (2011
High Court judgement)