In this article we have explored how a family may view and expect to receive some provision from a person's estate on death and how to manage those expectations and where possible then avoid any potential successful claims against an estate.
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​Thompson v Raggett, April 2018 is an excellent example of a case where, even with a clear accompanying letter of wishes, the Testator's disinheriting of his long-term cohabiting partner was overturned.

The expectation in these circumstances were that she would inherit the property in which they lived. Relevant factors were:
​ - the length of their relationship (42 years);
 - the degree of care she had exercised for him;
 - his mistaken apprehension that she had savings which would enable her to live without maintenance from the estate;
 - his mistaken belief that she would need to be in care (whereas she could live in the home with an appropriate care package and adjustments);
 - the low level of responsibility he had for the people whom he had named as beneficiaries.

So, in this instance the Testator had first of all prepared his Will based on incorrect assumptions concerning his partner's own financial position and expectations but further had not discussed those with her during their lifetime so her own expectations had not been managed.

The end result, a claim against the estate which was then successful and the award of an outright transfer of the property, not a life interest.
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​James v James, 2018. A testator had left a share in a farm and various businesses to his son but did not include him as a beneficiary in the rest of the estate.
In the same case it was held possible that a landowner could express his intention to leave property by Will, but without making any promise to do so. He would not then be bound to do so even if that other person relied to his detriment on a supposed promise. (Estoppel not available here).

Habberfield v Habberfield, Feb 2018.  In this case, a daughter had received assurances from her father that she would take over the family farm and had acted to her detriment in reliance on those assurances (i.e she worked on the farm for 30 years) was entitled to inherit the farm (or a cash equivalent to its value). Proprietary estoppel was established here and she was able to make a successful claim for greater provision from her father's estate on that basis.

It is incredibly important when considering your Will to of course be conscious that is your Will, which is to gift and distribute your property on your death. The starting point should be that you are perfectly entitled to make provision for whom you wish and in what proportions, whether that is family or not.

However, in doing so and in making those decisions you also need to manage the expectations of others and ensure that any information you are using to make your own decisions is accurate, current and up to date. This does not necessarily prevent a successful claim being brought however, does minimise the risk and likelihood of it being brought in the first instance and also the potential of it succeeding.
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