Court awards farm to son in inheritance promise dispute

Flatlander

Member
Arable Farmer
Location
Lorette Manitoba
If a will can be contested and with enough money pushed towards a good lawyer why bother writing a will. My uncle indicated I was to get his share once he died of a family partnership. I’d been working there since I was old enough to work. All got left to kid he fathered with the local bike. Ended up having to borrow heavily to keep the family farm in one piece. I’ve two girls that are unlikely to farm but don’t want the farm sold and the money frittered away.how does anyone ever write a will to ensure neither can contest it.
 
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Hard Graft

Member
BASE UK Member
Location
British Isles
I was wondering about all this will contesting was thinking off adding wording along the lines off

if anyone contests this will they and there descendants are to be automatically removed from receiving any thing from the late state
 

Hfd Cattle

Member
Mixed Farmer
Location
Hereford
My understanding is that you can only contest a will if there is sufficient grounds for doing so .
Friend who is a Solicitor says many people think that they can contest a will but it has to be decided by a court that there is sufficient ground for it to be contested and that is usually not the case. This is a simple part of it . It's when a court decides that, there are possible grounds for a will to be contested , then it can get messy and expensive.
 

JENGA

Member
If a will can be contested and with enough money pushed towards a good lawyer why bother writing a will. My uncle indicated I was to get his share once he died of a family partnership. I’d been working there since I was old enough to work. All got left to kid he fathered with the local bike. Ended up having to borrow heavily to keep the family farm in one piece. I’ve two girls that are unlikely to farm but don’t want the farm sold and the money frittered away.how does anyone ever write a will to ensure neither can contest it.
Leave it to a trust
 

Ffermer Bach

Member
Livestock Farmer
My understanding is that you can only contest a will if there is sufficient grounds for doing so .
Friend who is a Solicitor says many people think that they can contest a will but it has to be decided by a court that there is sufficient ground for it to be contested and that is usually not the case. This is a simple part of it . It's when a court decides that, there are possible grounds for a will to be contested , then it can get messy and expensive.
And I think don't cut anyone out of a will, rather, leave them a smaller bequest, then write a hand written letter to any potential judge explaining why the will was written in the way it was.
 
In any case where a will is being contested the first port of call before court action should be mediation .
mediation can work but it needs all parties to agree
also a will can be varied if all parties agree

but is parties to a will disagree and some are unreasonable there is only one course of action
but the judge will only accept provable proper evidence with reliable independent witnesses
 

thorpe

Member
Predictable response! The parties would have to decide if the final net yield was worth it.
Farmers don’t flinch at £100k for a machine or a cow or a sheep, yet spending maybe £1k on a legal review of handing over the reins / taking over the reins / recording all the promises is so traumatic that very few do it properly. It’s teamwork with the accountants too.
As said above this is a known problem and it is peculiar to farming because the assets are so valuable, the income so modest, and it involves families living above the shop. It’s the classic stitch in time… and the lawyers are saying it, so don’t be too harsh on the profession!
going through the process now £1000 dosn't go far!
 

Andy Nash

Member
Arable Farmer
Bit of a bugger if you can’t trust your parents word on your future , unfortunately there seems to be quite a few manipulative parents out there .
Dementia is a bit of a bugger too and wills can get changed.
If you have built your life round the expectation that you will inherit, you must have something concrete in place that guards against the possibility that your surviving parent with dementia will suddenly decide to leave the lot to one of the neighbours. Plus care costs can make a mess of things.
 

teslacoils

Member
Arable Farmer
Location
Lincolnshire
I was wondering about all this will contesting was thinking off adding wording along the lines off

if anyone contests this will they and there descendants are to be automatically removed from receiving any thing from the late state

You could leave a fixed quantity of money into a secret trust, whereby the controller of the trust has been briefed by you to use the funds there deposited to hire some ninjas to give whoever is contesting it a good going over with the nunchuks.
 

serf

Member
Location
warwickshire
Not withstanding untimely deaths, the best option is give it while you are alive.
Is it though , there's no clear run what ever route you take ,
pass asset over before death pay the CGT or use hold over .
Leave it to death no CGT may get 100 % APR/ BPR and get a ' free ' up-to-date reset value for future CGT on future sale .

As things stand at the minute ....
 
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MRT

Member
Livestock Farmer
Is it though , there's no clear run what ever route you take ,
pass asset over before death pay the CGT or use hold over .
Leave it to death no CGT may get 100 % APR/ BPR and get a ' free ' up-to-date reset value for future CGT on future sale .

As things stand at the minute ....
The point of the thread is that tax is not the only potential cost. If it is more tax efficient but the family then hate each when you die it is not a good emotional outcome, also a family prepared to work together and co-operate is likely to return more £ to the family over time so there is a £ value to getting everything done cards on the table ahead of time.
 

SFI - What % were you taking out of production?

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    Votes: 113 38.4%
  • Up to 25%

    Votes: 112 38.1%
  • 25-50%

    Votes: 42 14.3%
  • 50-75%

    Votes: 6 2.0%
  • 75-100%

    Votes: 4 1.4%
  • 100% I’ve had enough of farming!

    Votes: 17 5.8%

Expanded and improved Sustainable Farming Incentive offer for farmers published

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Expanded Sustainable Farming Incentive offer from July will give the sector a clear path forward and boost farm business resilience.

From: Department for Environment, Food & Rural Affairs and The Rt Hon Sir Mark Spencer MP Published21 May 2024

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Full details of the expanded and improved Sustainable Farming Incentive (SFI) offer available to farmers from July have been published by the...
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