Watertight succession planning to avoid costly legal disputes

Proprietary estoppel and succession planning explained

clock • 4 min read

With careful planning and appropriate advice, it should be possible to avoid costly legal disputes and any adverse consequences to otherwise careful tax and succession planning, according to Helen Barnett and Thomas Klemme

This article will briefly consider the Supreme Court guidance on remedies in proprietary estoppel claims arising out of the recent case of Guest v Guest [2022] before going on to examine the sometimes fraught consequences for succession planning where proprietary estoppel may be a potential issue. The Supreme Court Decision in Guest v Guest The facts of this case involve a typical oral promise to a claimant to gift him the family farm by way of inheritance. In reliance on this, the claimant spent decades working for little to no wages before the parties irreconcilably fell out. Ho...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Tax planning

Budget 2025 predictions: Balancing economic reality and political ideology

Budget 2025 predictions: Balancing economic reality and political ideology

26 November speech will likely affect estate planning, investments and property

Stephen Kenny
clock 18 September 2025 • 4 min read
From A-Day to mayday: 20 years on and the government is still missing the point on pensions

From A-Day to mayday: 20 years on and the government is still missing the point on pensions

'Barring a political earthquake, IHT on pensions is here to stay'

Lee Halpin
clock 18 September 2025 • 3 min read
House of Lords to scrutinise govt's IHT on pensions overhaul

House of Lords to scrutinise govt's IHT on pensions overhaul

Inviting responses on how the reforms will work in practice

Isabel Baxter
clock 18 September 2025 • 4 min read