Burmingham v Le Hegarat [2025] JRC 012

The case centres on La Presse, a farmstead located in St. Peter, Jersey, which was purchased in 1971 by Edward Arthur Le Hegarat and his wife Gladys. The farmstead was operated by the family, with all four children, including Edward, contributing to the farm’s operations during their youth.

The key dispute arose when Edward, the only son, claimed that his parents had promised him sole inheritance of La Presse in recognition of his lifelong dedication to the farm. Specifically, Edward alleged that these promises were made at four key points:

1. in 1988, when he agreed to take over the farm’s operations;
2. around 1995, when discussions took place about potential property purchases;
3. in 2005, during conversations about changes to the will; and
4. again in 2018, near his father’s death.

Following a breakdown in negotiations, Edward’s three sisters—Mary, Christine, and Dacia—initiated licitation proceedings to force the sale of the property. In response, Edward countered with a claim based on the alleged promise of sole inheritance, proprietary estoppel, and a claim of unjust enrichment.

The Royal Court thoroughly examined Edward’s claims, focusing on three main issues. First, regarding the promise of sole inheritance, the Court found no credible evidence that such a promise had been made. The Court noted that there had been no attempts to amend the will for decades, that Edward’s own actions were inconsistent with the claimed promise, and that there were no independent witnesses to confirm the alleged promises.

Second, on the reliance issue, the Court determined that Edward had failed to demonstrate substantial reliance on any purported promise. Actions such as purchasing farm equipment and paying rent were deemed to be standard practices for a tenant farmer, rather than evidence of reliance on a promise of inheritance.

Finally, the Court rejected Edward’s claim of unjust enrichment, finding no basis for the assertion.

The Court ultimately ordered that the property be sold by public auction, with the sale scheduled to occur 9 to 10 months after the judgment. The Court also allowed for the possibility of a private sale or partition during the interim period. Furthermore, the Viscount was granted the authority to execute the sale should Edward refuse to cooperate.