Johnny Coulthard from our Dispute Resolution team featured recently in Farmer’s Weekly, commenting on the impact of the recent Spencer case surrounding the issue of Promissory Estoppel.
This type of case is becoming increasingly common (especially within the agricultural sector) and we are assisting clients with cases that fall on either side of this argument.
Richard Miller, our Agribusiness Partner, shares the following advice…
“The most important messages for clients to take away from this case (and others like it) are:
- Speak with all of your professional advisers prior to writing your wills.
- Ensure that all of the information about your personal and business circumstances are on the table when your solicitor is drafting your will (including detailed information from your accountant).
- Wherever possible, communicate with your wider family with a view to setting out and then agreeing a succession plan that everyone has bought into.
Without these steps being taken, cases like Spencer will become even more common, as disgruntled beneficiaries realise there is an avenue for them to pursue genuine claims like this against an estate.”
Our Agribusiness team is always happy to help on matters like this. To talk to them, please just get in touch.
You can read the Farmer’s Weekly feature in full here.