Scott v Scott - Why Family Promises About Inheritance Can Go Wrong

Family promises about ‘who gets what’ after someone dies often feel binding, especially where there’s a home, farm or family business involved. But unless those intentions are written down, they can easily lead to misunderstanding, resentment, and legal disputes. The High Court decision in Scott v Scott [2024] EWHC 2586 (Ch) shows why relying on informal arrangements can end badly.

The Family Dispute

After their father died, two brothers found themselves in conflict. The father’s Will left most of his estate, including valuable farmland, to one son, leaving the other with very little.

The disappointed brother claimed that his father had promised him part of the farm because he had worked there for years on low pay. He brought two legal claims -

1. A proprietary estoppel claim - arguing that his father’s promise should be honoured because he relied on it to his detriment.

2. An Inheritance (Provision for Family and Dependants) Act 1975 claim - saying the Will failed to make reasonable financial provision for him.

Why the Court Rejected Both Claims

The High Court dismissed both claims. For proprietary estoppel, the judge found there was no clear or definite promise that the son would inherit. General comments about “the future” or “the farm one day being yours” were too vague to create legal rights.

The Inheritance (Provision for Family and Dependants) Act 1975 claim also failed. The Court said there was no reason to make an award because the son was an adult who could support himself. He was not financially dependent on his father during his lifetime and did not need the estate to do so.

The Legal Lesson for Families

This case is a warning for families who rely on informal promises. Conversations and assumptions are not enough. Unless intentions are recorded in writing, ideally through a valid Will or trust, the law will not enforce them.

If a parent genuinely wants to pass on property, a farm, or a business, those wishes must be documented clearly. Without this, even honest promises can lead to expensive disputes and lasting family breakdowns.

How Forbes Solicitors Can Help

At Forbes Solicitors, our Private Client Team helps individuals and families make their wishes legally binding. We draft Wills, Trusts and Succession plans to ensure that your intentions are clear and your estate is protected. If you want to put your intentions in writing, contact our Private Client Team at 0800 975 2463.

If you’ve been left out of a Will or believe a family promise has been broken, our Contentious Trusts and Probate Team can help you assess your options. We provide specialist advice on Inheritance Act claims, proprietary estoppel, and challenges to Wills, ensuring your case is supported by the right evidence and strategy.

Family promises may carry emotional weight but not legal force. The safest way to protect yourself - or to honour what you’ve promised others - is to take legal advice early. If you believe a Will is unfair or a promise has been broken, speak to our Contentious Trusts and Probate Team for expert guidance at 0800 689 3607.