SAMANTHA owns a farm upon which the cultivation of a variety of vegetables is conducted.

Robert works on the farm, but only receives an irregular and low income as compensation for his efforts.

After her husband’s death, Samantha tells Robert that if he continues to work on the farm, her will inherit the property when she passes-away.

Over the years, Samantha makes several Wills to this effect.

Nonetheless, the arrangement between Samantha and Robert is never put in writing and there are no witnesses to the agreement.

Robert works on the farm for another 20 years.

Four years before her death, Samantha makes a new Will, leaving Robert just $300,000 and leaving the $1.5m farm to her daughter.

When Samantha passes-away and Robert finds-out about the contents of her last will, he obtains specialist legal advice. He decides to commence action against Samantha’s executor to enforce Samantha’s promise.

The matter starts in the Supreme Court, a retrial is conducted in the Court of Appeal and finally, the matter proceeds to the High Court of Australia.

The High Court finds that if the promise was not made, Robert would have obtained employment elsewhere, at a higher level of income and would not have endured the hardship of working on the farm. Instead, the Court finds that Robert reasonably relied upon the promise.

More specifically, the Court found that there was a “clear and unequivocal” promise, that there was “encouragement”, “reliance” and ultimately, “detriment”.

In establishing these four elements of “proprietary estoppel”, Robert’s claim is successful and the Court orders the transfer of the property to him on the basis that it would be “unjust” to order otherwise.

This case demonstrates that verbal promises made decades ago can be enforced and is a reminder that even the solemn act of duly executing a Will and having it properly witnessed can be frustrated by oral statements that may be made “off the cuff” or in emotional circumstances.

Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.

This fictional column is not legal advice.

By Manny WOOD, Solicitor