Inheritance disputes in farming families: understanding proprietary estoppel
21st July, 2026
Inheritance disputes relating to farms are increasingly common, especially where the business is operated and managed within a traditional and informal family structure.
The legal principle of proprietary estoppel is increasingly relied upon in disputes involving farming estates. Proprietary estoppel aims to address situations where assurances have been made and disappointed claimants do not receive what they expected to receive under a will or intestacy but there are often misconceptions of how this operates in practice.
What is proprietary estoppel?
Proprietary estoppel is a legal principle that prevents someone from going back on promises they have made provided certain conditions are met. It can be used to protect a person who has been promised property, money or some other benefit by another party.
Proprietary estoppel often impacts faming estates when promises are made about who will inherit the farm on the owner’s death. If someone has relied on a promise that they would receive an interest or ownership in land and suffered a detriment then proprietary estoppel can be used to enforce the promise that was made.
In farming businesses within a family setting this situation will commonly arise if promises are made, or even if a person is led to believe they will take over the running of the farm one day in return for working on the farm.
Proprietary estoppel differs from claims under the Inheritance (Provision for Family and Dependants) Act as those do not require any prior promise. Instead, Inheritance Act claims are brought when the will or intestacy did not leave them with sufficient financial provisions.
What is the test for proprietary estoppel?
For proprietary estoppel to apply, three key elements are generally required:
- An assurance or Promise: There must be a clear promise, assurance or representation regarding the inheritance or transfer of land or property.
- Reliance: The person to whom the assurance or promise was made must have relied on this promise and believed it was genuine.
- Detriment: As a result of relying on the promise, the person must have suffered a detriment, such as financial loss or altering their own position significantly.
What are the causes of farming inheritance disputes?
Farming families face unique challenges when it comes to managing the farm and succession planning. The farming land often represents a significant part of the family’s wealth. When claims are made the root cause can often be the lack of a clear estate plan or an understanding within the family of what will happen when the current owner dies.
When a family member dies without a will, the rules of intestacy will apply. These dictate how an estate is divided between family members. The rules of intestacy will not take into account any promises made by the deceased, particularly when there are complex family relationships involved, such as stepchildren or second marriages.
Even if a will is prepared it may not fully reflect the deceased’s intentions if it is not carefully drafted and a will would not prevent a proprietary estoppel claim against the estate if the will fails to follow clearly made promises that aren’t reflected in the terms of the will.
Proprietary estoppel in practice
It is important to remember that proprietary estoppel claims can be complicated and usually require legal knowledge and support to secure an outcome in your favour. Around 90% of cases are settled out of court, either through mediation or negotiation between solicitors.
However, if a matter escalates to court proceedings, it can take years to resolve fully. It is therefore essential to obtain the right legal advice from a specialist solicitor at the earliest opportunity who has extensive experience in dealing with these types of disputes.
Conclusion
Inheritance disputes within farming families are increasingly common and can be emotionally and financially devastating for everyone involved. Proprietary estoppel often provides a way for people to assert rights to very valuable property that may have arisen informally, but steps can be taken to clearly establish the legal position and the legal rights that may apply.
If you are involved in a family farm dispute and are seeking practical advice, please contact Matthew Morton in our Contentious Probate team or Tom Wills in our Agriculture, Rural Business and Estates team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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