Anyone have any knowledge of wills and such?

[FarmerStu79]

Haven't read the whole thread yet, but did the land he bought get put into his name or his mum's name. Can he prove that he paid for it, then get that taken out of the equation, then the remainder of the land quartered up?

There would likely be a paper trail of money transferring from his account to the farm account in order to buy this land. The land that he put money towards was put into his mums name but the land that he bought outright is in his own name. However it doesn't amount to a great deal.

The executors applied for agricultural relief recently. I have a feeling that it won't come to contesting the will but something contractual has to be drawn up. A verbal agreement is not enough with the volatility of the brother's relationship.

 

[Exfarmer]

Very sad situation and sadly very common in farming families.
One thing not mentioned here, is there any possibility he has a tenancy of the the land?
One thing in his favour , if the land was not divided but left effectively in common, ( i think that is the right term ) it is very difficult for the other members to exercise their value unless all want to sell. Although I believe if any one is seen as being unreasonable the courts can order a sale.
Perhaps more qualified people on here can clear these points

 

[Rowland]

If I were in your shoes I'd take legal advice. Gather up all documents you have find an Agricultural solicitor that's free from chrome and glass offices small market town one that's smells a bit but has been there for years will be your best bet. Ask them to have a look at your case and see what they think it might cost you a few hundred pounds but worth it in the long run . He/She also might be able to come up with compromises that others have not seen .
I know others have given you suggestions for Solicitors but if you want one out side your area but not to far theres a good firm in Stanhope County Durham that I'd highly recommend . (Their office dose smell a bit )

 

[Pennine Ploughing]

oh dear this is not a good situation to be in, and if anything it sounds like the mother. Wanted to cause problems after her day due to not being clear will the will

take Good advice from a good Solicitor now, it will be the best money you spend, the advice you get on here is worth just what you paid for it,

tell your partner he needs to toughen up a bit, both still try to be fair with the others, don't let them walk over him,

don't get gready, but try to sort something out with them in writing done by a Solicitor

if either side gets gready, the other side will just dig there heels in,


no help to the op but them reading this thread, should take heed, and don't leave a trail of destruction after their day, get things sorted very clearly, with no cloudy bits

 

[FarmerStu79]

This is the thing. Stuart is in absolutely no way greedy, he just wants to be able to farm the land as he was promised. Even if he doesn't own it. He doesn't begrudge any of the other three a house or a stone building etc and even said if they desperately wanted some land to farm a small flock as a hobby then he wouldn't begrudge them that either but this is his/our livelihood.

He's got a solicitor in Malton ringing him tomorrow for some advice. If it comes to it, from the research I've done, I think he has very good grounds for the will to be contested. He has worked for 22 years to his detriment and been promised this that and the other which hasn't come into fruition.

I'm hoping it won't come to that, I think we'd struggle to pay the legal costs but would it be worth it in the end? To be able to farm I think so. It's too much to walk away from.

 

[Exfarmer]

One thing I can warn you is that very often it is the partners of brothers sisters etc who are the real problem.
Often the brother, sister who has gone off and done there own thing recognises the contribution the sibling who stayed at home. But their partners will just see it in black and white, with big shiney pound signs over the top.
Be wary of solicitors, it is very easy to spend tens of thousands and see little if any return. Even the tradional old family solicitor who would often take on this type of case in the expectation of little real reward, knowing full well there was small hope of success and even then if they won the business could not afford large fees. Nearly all solicitors today have practice mangers who will be invoicing out at standard rates with large charges for even answering the phone

 

[slackjawedyokel]

I’ve got nothing that would be helpful to add, just bloody good luck to both of you!

 

[jade35]

Just one thought @FarmerStu79 just be cautious how much information is posted on an open forum. Sadly , there are always people that will try to make things more difficult for others and it maybe, from the info already given, that locals may have worked out who you are. (A lot of people read TFF without becoming members.) Gossip always travels fast and could cause you problems in the future.

The best of luck in trying to sort this out.

 

[Daddy Pig]

would have thought it unlikely you will get agricultural property relief on all 4 houses so likely to be a big iht bill

 

[franklin]

He's got a solicitor in Malton ringing him tomorrow for some advice. If it comes to it, from the research I've done, I think he has very good grounds for the will to be contested. He has worked for 22 years to his detriment and been promised this that and the other which hasn't come into fruition.

I dont think it will come to that. I think once you have the bit about the land that your partner paid for clarified, I think you will all sleep much more soundly.

One thing I can warn you is that very often it is the partners of brothers sisters etc who are the real problem.
Often the brother, sister who has gone off and done there own thing recognises the contribution the sibling who stayed at home. But their partners will just see it in black and white, with big shiney pound signs over the top.

This, this and 100 times this. The spouses who have married in, especially if non-farming, will have been working out the pounds, shillings and pence from about day 2.

 

[yellow belly]

do you have a trusted family member who has nothing to gain from the will who could act as a facilitater to get an agreement between all parties without high legal costs

if not then get the best legal advice and negotiate a fair solution

if it comes a legal judgement the parties that tried to negotiate a sensible solution will be looked upon more favourably interms of awarding costs

remember once this is finalised you want to be on talking terms with all parties

for those looking on construct a will that leaves nothing vague or with shared ownership
if parties donnot want to work together they will not whatever the previous generation wants or thinks

 

[smj1]

I'd have a chat with a solicitor but then probably agree to sell it all, take my share, buy a small house, rent some land and start again. Legal challenges can take years and the bills easily reach 5 figures and more with no guarantees at the end. Not to mention the stress. It will take it's toll.

 

[Pennine Ploughing]

I'd have a chat with a solicitor but then probably agree to sell it all, take my share, buy a small house, rent some land and start again. Legal challenges can take years and the bills easily reach 5 figures and more with no guarantees at the end. Not to mention the stress. It will take it's toll.

and then there is living next to the ones you have fallen out with, can be bitter