Latest Posts

A New Restraint in Family Farm Estoppel: Maile v Maile [2025] EWHC 2494 (Ch)

The High Court’s decision in Maile v Maile & Ors [2025] EWHC 2494 (Ch) marks a significant recalibration of how proprietary estoppel operates within family farm disputes. While on its face another failed claim by disappointed descendants, the case carries wider doctrinal implications. This case has the effect of tightening the law around promises and the reliance one has on them and is instead a reminder that there is no replacement for formal advice and legal frameworks to prevent problems further down the line.

In the case involving a multi-generational Devon farming family, the claimants, two grandsons, argued that their grandmother had promised them the family farm in return for their years of labour and loyalty. However, Mr Justice Michael Green rejected the claim, finding that the alleged assurances were too vague, that reliance was not causative, and that no sufficient detriment had been shown.

Limits on Intergenerational Estoppel

The claimants alleged that their grandmother had assured them they would inherit the family farm and that they had relied on those promises to their detriment. The court rejected the claim, holding that the alleged assurances were too vague, indirect, and insufficiently supported by evidence to give rise to an equitable claim.

This generational dimension is critical. Most successful proprietary estoppel cases in agricultural contexts, such as Guest v Guest [2024] AC 833, [2022] UKSC 27 and Winter v Winter [2023] EWHC 2393 (Ch), involve promises made by parents to children after decades of shared labour and reliance. Maile, by contrast, concerned a generational ‘skip’ – grandchildren claiming against a grandparent’s estate, where far less of their time had been devoted to the family farm.

The judgment shows the courts’ reluctance to extend equitable protection to promises that skip a generation. The further the claimant stands from the promiser, in kinship and in time, the higher the evidential threshold to show (i) a clear, unambiguous assurance, (ii) specific reliance casually linked to that assurance, and (iii) real detriment beyond ordinary familial engagement.

The judge noted that this was “not the usual case of a farmer’s child or children claiming that they gave up most of their working lives on the strength of promises made to them”, and the grandsons’ contributions, though genuine, did not approach the level of sacrifice seen in the classic authorities. Vague family conversations to the effect of “one day this will be yours” were viewed as affectionate hopes, not binding promises. Without clear evidence or documents showing a real intention to confer rights, the claim failed at the outset.

Maile signals a clear boundary in intergenerational estoppel. Courts are now likely to require that any promise beyond the immediate parent-child relationship be recorded, evidenced, and objectively referable to an intention to create legal obligations. From an estate planning perspective, this demands early formalisation of succession expectation through Wills, partnership agreements, or letters of wishes.

Commercial Structuring as De Facto ‘Contracting Out’ of Equity

A second, and arguably more influential, strand of the judgment concerns the interaction between proprietary estoppel and formal commercial arrangements. The claimants had entered a 2015 farming partnership with the deceased, which included an option to buy her share and a requirement to vacate the property within a year of her death. The court held that any equitable rights were overridden by these terms, echoing Horsford v Horsford [2020] EWHC 584 (Ch), where formal partnership structures displaced informal assurances.

Having entered into a detailed, independently advised agreement, the claimants were taken to have contracted out of reliance on any prior informal assurances. The partnership became the operative framework for succession, showing that the deceased had already formalised her intentions.

Reflecting a wider trend, the case signals that as family farming becomes more commercial, courts favour formal agreements over equitable claims. Maile confirms that equity will not readily intervene where succession has been legally structured, leaving proprietary estoppel to fill only genuine gaps in formal planning.

A New Equilibrium for Family Farm Equity

These developments mark a narrowing of equitable intervention in family farm estoppel, with the decision showing that equity will not rescue informal, intergenerational promises unsupported by clear evidence, especially where formal contractual arrangements are also in place. Two themes stand out: stricter legal standards, reflected in the higher evidential burden on grandchildren and other remote relatives to prove clear assurances and concrete reliance; and structural discipline, where formal partnerships or corporate arrangements are treated as the governing framework, effectively displacing informal expectations.

From an estate planning perspective, these themes underscore the need for proactive, well-documented succession strategies. It is vital that farming families formalise intentions early, ensure alignment between partnership, corporate, and testamentary arrangements, and record any family understandings with legal clarity.

To discuss your requirements and find out how we can help you, please get in touch.

Read More

Conveyancing FAQs for First-Time Buyers

What are the key steps in the conveyancing process?

Answer: The conveyancing process can be divided into five essential stages:

1. Onboarding and Background Checks: We will conduct onboarding procedures, which include necessary background checks. This step involved verifying the source of funds, a legal requirement before proceeding with any property transaction.
2. Contract and Title Review: Once background checks are clear, we will review the contract and title documents to ensure that there are no issues or discrepancies that could affect your purchase. We then report to you on the title and provide you with the related documents we have reviewed.
3. Exchange of Contracts: This pivotal stage involves the formal exchange of contracts, at which point you will pay your deposit. Once contracts are exchanged, the agreement becomes legally binding, and both parties are committed to the transaction and a completion date is set for you to collect your keys.
4. Completion: On completion day, ownership of the property officially transfers to you. You will pay the final balance to the seller, and you will receive the keys to your new home.
5. Post-Completion: After completion, you will be responsible for paying any applicable Stamp Duty Land Tax. We will handle the submission of this tax and registration of your ownership with the Land Registry to ensure that your title is officially recorded in your name.

How long does the conveyancing process take?

Answer: The duration can vary based on several factors, such as the property type, any chain involved, and local authority processes. On average, it can take between 6 to 12 weeks, but it may be longer in complex situations.

What is the difference between freehold and leasehold properties?

Answer: A freehold property means you own the property and the land it stands on outright, giving you full control. In contrast, leasehold means you own the property for a specific period but not the land. You’ll often need to pay ground rent and almost always service charges. It’s essential to understand these differences when purchasing to know your rights and obligations. The differences between the two are outlined in our engagement letter and if you are purchasing leasehold, our report to you will go into detail on your rights and obligations under the lease you wish to purchase.

I am happy to proceed. What do you need from me to start the process?

Answer: To initiate the conveyancing process, we need final terms of sale, often referred to as the sales memo, from your estate agent or the reservation form detailing the terms of your transaction. Once we receive this information, we will create your file and guide you through the initial steps.

Does your retainer include tax advice?

Answer: No – although we provide some advice regarding calculation of your Stamp Duty Land Tax and assist you with your submission. We have a dedicated Tax Team that can assist you with further specialist enquiries as may be necessary.

I have agreed an incentive with my seller. How does this work?

Answer: Any incentive will be deducted from the final balance due to the seller on your completion. We are fully independent and so any incentive you have agreed will not work as a credit to your account with us.

Do you recommend I use a surveyor?

Answer: Yes, we strongly recommend using a surveyor, even when purchasing a new build property. A survey can identify defects or issues that need addressing before you finalise the sale. It’s best to conduct this survey before the exchange of contracts so that any findings can be raised with the seller, allowing for negotiations or repairs to be arranged as part of your transaction.

What are property searches, and why are they important?

Answer: Property searches are investigations conducted to uncover important information above the property and its surroundings, such as planning permissions, local authority issues, and environmental risks. These searches are crucial as they help identify potential problems that could affect your decision to proceed with the purchase. You don’t have to order searches if you are purchasing without a mortgage, but in most cases we would recommend them so you can have a more holistic view of the purchase and factors that may affect the property.

When should I apply for financing?

Answer: Timing is crucial when it comes to securing financing. Ideally, you should have your mortgage offer in place before the exchange of contracts, as this ensures you can proceed without the risk of no financing on your completion date. If your completion date is several years away–such as when buying off-plan–it’s advisable to speak with a mortgage broker early in the process. This way, you can understand your options and get pre-approval before committing to the purchase.

What happens on completion day?

Answer: On completion day, the final payment for the property is transferred to the seller’s solicitor, and ownership if officially transferred to you. You’ll receive the keys to your new home, and we will handle the registration of your ownership with the Land Registry. It’s an exciting day!

If you have any further questions, please contact our Residential Real Estate team via the link below.

Read More

Assignment of Off-Plan Contracts

We regularly deal with off-plan contracts at Quastels. These are contracts to buy a property, usually an apartment, that is still being constructed. A significant difference between off-plan contracts and those for buying ‘second hand’ property is the flexibility to ‘assign’ the contract before completion.

An ‘assignment’ of a contract is the transfer of the benefit of the contract to a third party, who then completes the purchase. An assignment may be to a relative, or to your own company (often referred to as ‘family assignments’); or to an unconnected party, where you are effectively selling the contract on.

The Standard Conditions of Sale for second hand properties would not usually allow the purchaser to assign the contract before completion. Off-plan contracts, however, would usually allow this.

Upon exchange of contracts for an off-plan contract, the completion date will be on written notice from the seller (when the property is finished). This contract will contain an anticipated/target completion date for when the developer aims to complete the property (this will usually refer to quarter of their target completion year, for example Q1 being between January and March). When the property is finished, the buyer will be required to pay the remainder of the purchase funds to complete.

After exchange of contracts, and before the developer completes the building, assignment will provide an exit for the original purchaser with an assignee taking over the deal with the developer. The original purchaser would usually have paid a 10% deposit, they may also have paid a stage payment subsequently, sometimes an additional 5% or 10%. If the original purchaser is selling on the contract, they will require their buyer (the ‘assignee’) to reimburse the deposits paid, adjusted to take into account any profit or loss in the selling price to the assignee. The amount being paid for the assignment is known as the ‘assignment fee’. The assignment is effected by a Deed which transfers the benefit of the contract and the obligation to pay the remaining funds due to the developer.

Certain conditions are usually imposed by the developer to assign an off-plan contract:

1. obtaining developer’s written consent to assignment;
2. providing satisfactory ID and AML documentation for the potential assignee;
3. a time period within which the buyer cannot assign (usually not before 12 months from exchange of contracts and one month before estimated completion);
4. paying the developer’s lawyer’s administration fee (usually in the region of £500 plus VAT);
5. restrictions against using the developer’s marketing material;
6. only one assignment being permitted.

Overseas investors are specifically interested in the ability to assign contracts due to the potential to make financial gain in a rising market, or to address taxation changes. The provision also allows sensible flexibility for the purchaser, for example if their circumstances change, or they wish to add a relative to the contract.

It it important to be aware that not all mortgage lenders will agree to fund purchases that involve an assigned contract. An ‘assignee’ should always check with their mortgage broker first, as should a buyer thinking of assigning their contract to a relative.

If you would like to discuss issues involving this topic further, please contact Nargiz Abdullayeva.

Read More