Richard John Winter & Anor v Philip Henry Winter & Anor
[2024] EWCA Civ 699
Richard Winter & Anor v Philip Winter & Anor
29 September 2023
[2023] EWHC 2393 (Ch)
High Court
Three brothers argued over their dad's will. Two brothers said their parents promised them equal shares of the family farm business if they worked hard. They worked hard for many years. The judge said it wasn't fair to leave them out, so they get an equal share. The other claims were dismissed.
Key Facts
- •Richard, Adrian, and Philip Winter are brothers who are disputing their father Albert's will.
- •Albert's will left the majority of his estate, including his shares in the family market garden business (Team Green Growers), to Philip.
- •Richard and Adrian claim their parents made assurances that the sons would inherit the business equally.
- •The claim is based on proprietary estoppel and (originally) constructive trust, and alternatively on an option to purchase Albert's share under a partnership agreement.
- •The main asset was Bower Farm, which significantly increased in value after Albert's death due to development potential.
Legal Principles
Proprietary estoppel
Davies v Davies [2016] EWCA Civ 463, Guest v Guest [2022] UKSC 27
Mutual wills
Legg v Burton [2017] EWHC 2088 (Ch)
Contractual estoppel
Horsford v Horsford [2020] EWHC 584 (Ch)
Option to purchase
Partnership agreement, clause 13
Outcomes
Proprietary estoppel claim successful for Richard and Adrian.
The court found that Albert and Brenda made assurances to their sons that if they committed to the family business, they would inherit it equally. Richard and Adrian detrimentally relied on these assurances by working in the business for many years, even when receiving low pay. It would be unconscionable to deny them their expected share.
Mutual wills claim unsuccessful.
Insufficient evidence to prove an agreement between Albert and Brenda that their wills were irrevocable.
Option to purchase claim unsuccessful.
The court interpreted the partnership agreement to require all remaining partners to exercise the option to purchase, not just Richard and Adrian.