Farming Family Will Problems

RubyRoop

Looking for some advice for my other half. He worked on his grandads farm for the last approx 20 years since leaving school and kept it going pretty much by himself , for a minuscule £100 a week  (although got no payments at all for the last 3 years since his grandma died ) on the understanding that when his grandad dies he would  be left all the sheep and farm equipment. (His grandparents only had daughters so this grandson was the only man to keep working the farm.) That was effectively going to be his payment for all the work he was doing working extremely long hours every day of the week. 

- He didn’t feel able to take any time off work for days off, hobbies or holidays. His grandad wanted him at the farm all the time, he wasn’t even allowed to to attend his grandmas funeral as his grandad wanted him to stay at the farm incase anything happened. 
- He then acted as a live in carer for his grandad, cooked his meals every night -land didn't like to leave him at home alone incase he had a fall. 

-His aunty who also lived on the land bullied My partner to the point his mental health suffered so much that the local mental health crisis team were required to support him for a while when he was suicidal and he still receives medication from the Gp.

- When he reached his thirties he tried to arrange building a small house on the land or something so that he had a bit of independence but his grandad wouldn’t support this.

- Eventually the bullying from his aunty and atmosphere at the farm had such an affect that he didn’t feel able to continue working or living there. He felt like thiswas a deliberate attempt by his aunty to get him off the farm so that she would gain more from inheritance

- The sheep that were meant to be left to him have now been sold for a large amount of money which has been distributed among his aunties, this was what you had worked for for the last 20 years.

-He’s been made aware that his grandad is not of sound mind and concerned that he is under undue influence from two aunties which is having a negative affect on what is being left to him in the will, despite working all that time on the understanding that his ‘payment’ was through the will when his grandad died. They have also deliberately caused other problems recently with car insurance, belongings on the farm etc etc, in a seemingly deliberate attempt to torment him. 
He’s terrified to create more drama with the family but also feels robbed of what he’s worked for since leaving school. He doesn’t want to pay out solicitors and get nothing back. Just wondered what his best options are? Should he just walk away and try to put it all behind him? Or is he legally within a chance of getting some of what should be his?

74jax

RubyRoop said:

Looking for some advice for my other half. He worked on his grandads farm for the last approx 20 years since leaving school and kept it going pretty much by himself , for a minuscule £100 a week  (although got no payments at all for the last 3 years since his grandma died ) on the understanding that when his grandad dies he would  be left all the sheep and farm equipment. (His grandparents only had daughters so this grandson was the only man to keep working the farm.) That was effectively going to be his payment for all the work he was doing working extremely long hours every day of the week. 

- He didn’t feel able to take any time off work for days off, hobbies or holidays. His grandad wanted him at the farm all the time, he wasn’t even allowed to to attend his grandmas funeral as his grandad wanted him to stay at the farm incase anything happened. 
- He then acted as a live in carer for his grandad, cooked his meals every night -land didn't like to leave him at home alone incase he had a fall. 

-His aunty who also lived on the land bullied My partner to the point his mental health suffered so much that the local mental health crisis team were required to support him for a while when he was suicidal and he still receives medication from the Gp.

- When he reached his thirties he tried to arrange building a small house on the land or something so that he had a bit of independence but his grandad wouldn’t support this.

- Eventually the bullying from his aunty and atmosphere at the farm had such an affect that he didn’t feel able to continue working or living there. He felt like thiswas a deliberate attempt by his aunty to get him off the farm so that she would gain more from inheritance

- The sheep that were meant to be left to him have now been sold for a large amount of money which has been distributed among his aunties, this was what you had worked for for the last 20 years.

-He’s been made aware that his grandad is not of sound mind and concerned that he is under undue influence from two aunties which is having a negative affect on what is being left to him in the will, despite working all that time on the understanding that his ‘payment’ was through the will when his grandad died. They have also deliberately caused other problems recently with car insurance, belongings on the farm etc etc, in a seemingly deliberate attempt to torment him. 
He’s terrified to create more drama with the family but also feels robbed of what he’s worked for since leaving school. He doesn’t want to pay out solicitors and get nothing back. Just wondered what his best options are? Should he just walk away and try to put it all behind him? Or is he legally within a chance of getting some of what should be his?

Apologies, I'm not sure, had the grandad died?  Have you seen the will?  In the Will who are the Executors.  Is it possible they are selling the sheep and collating all the money.
If the grandad hasn't died, then of course he can sell the sheep, he doesn't have to keep hold of them just because they are mentioned in a will.
You mention you don't think the grandad was of sound mind, is this before he died/when he made the will - again I'm not sure.
You say is he legally with a chance of getting what should be his, so from this statement I'm going to guess yes he has died and yes he is named in the will as receiving this.  In which case, I would write to the executors with a copy of the will and make sure they are aware they need to follow it.  Until you speak to them, you don't know if they are just collating all the assets.

[Deleted User]

I can't offer any advice apart from to say I've read of cases like this that have gone to court and been in the papers.  

And there's a lot of information here:

https://www.farminguk.com/news/-promises-promises-inheritance-and-succession-disputes_55015.html

sheramber

Does grandad  even have a will? you mention 'an understanding'.

kayleighali

If nothing was agreed in writing then I don't think he will get very far - it will be his word against his grandad's and if his grandad is being influenced by the aunties then it doesn't look good. It all comes down to what has been officially agreed. 

It could be argued that the sheep needed to be sold to pay for care etc (even if this is not the case) and if could be very difficult to prove otherwise.

I really hope it gets sorted, to work all those years and have nothing at the end would be very difficult.

Jet

Coming from a farming background myself, I have seen family and friends work for a pittance all their lives, some get treated fairly in the will and some don't.  I would suggest he speak to a solicitor - make sure it is one who specialises in agriculture and do your research before throwing your money at one who is inexperienced in this field.

RubyRoop

sheramber said:

Does grandad  even have a will? you mention 'an understanding'.

Yes he has a will that says the sheep and equipment on the farm will be left to him. However, due to having no choice but leave the sheep have been sold. The money from the sheep has been given to his aunties and he’s not got a penny of it. He’s  gutted, more by the principle of it rather than the money really. And bothered that the aunties are currently coersing the grandad into changing his will in order to benefit them and leave him with nothing. 

[Deleted User]

kayleighali said:

If nothing was agreed in writing then I don't think he will get very far - it will be his word against his grandad's and if his grandad is being influenced by the aunties then it doesn't look good. It all comes down to what has been officially agreed. 

Actually, fortunately, that's not quite right.  If you've acted to your detriment in expectation of receiving a promised inheritance that you don't then receive, you can still make a claim for it in court.   It's under the principle of proprietary estoppel:

"An estoppel claim could arise where, for example, a father promises to his son that he will give him the family farm and, relying on that promise, the son works on the farm for many years on a low wage. If the father does not subsequently transfer the farm to his son, his son could have an estoppel claim against his father (or his father’s estate)."

https://www.ashfords.co.uk/personal-legal-services/disputed-wills-and-trusts/proprietary-estoppel

RubyRoop

kayleighali said:

If nothing was agreed in writing then I don't think he will get very far - it will be his word against his grandad's and if his grandad is being influenced by the aunties then it doesn't look good. It all comes down to what has been officially agreed. 

It could be argued that the sheep needed to be sold to pay for care etc (even if this is not the case) and if could be very difficult to prove otherwise.

I really hope it gets sorted, to work all those years and have nothing at the end would be very difficult.

kayleighali said:

If nothing was agreed in writing then I don't think he will get very far - it will be his word against his grandad's and if his grandad is being influenced by the aunties then it doesn't look good. It all comes down to what has been officially agreed. 

It could be argued that the sheep needed to be sold to pay for care etc (even if this is not the case) and if could be very difficult to prove otherwise.

I really hope it gets sorted, to work all those years and have nothing at the end would be very difficult.

  Yes, he has a will that says the sheep and equipment on the farm will be left to him. However, due to having no choice but leave the sheep have been sold. Not to pay for the grandads care but because the aunties couldn’t/wouldnt look after them. The money from the sheep has been given to his aunties and he’s not got a penny of it. He’s  gutted, more by the principle of it rather than the money really. And bothered that the aunties are currently coersing the grandad into changing his will in order to benefit them and leave him with nothing. 

sheramber

is grandad a tenant farmer so dos not own the farm.
What would your partner propose to do with th sheep and equipment    if he inherited them? Was he intending  taking over the farm?  

elsien

If grandad isn’t of sound mind then he can’t make a valid will. 

How has he “been made aware” that grandad isn’t of sound mind?