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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

farms, inheritance and what not, out of my depth

9 replies

julensaor · 18/04/2019 01:24

So been with husband 15 years; married for 11 years, a few Dc. His family own a farm. His siblings are not capable of running the farm. So it has been given to him, his dad is ill, and the farm lands have been signed over to him in the last year or so, to avoid inheritance tax and to take some sort of control. The youngest sibling has however been given control of part of it…. I.e he has been given a legal term lease on the farm to work it, which is ok with my DP. So he pays nominal rent on the lands and works everything else, all profits of the DB are his own. Except he can’t do it. I don’t want to be too detailed but it is an animal type farm and my sick FIL picks up his slack, i.e not getting out of bed to sort the animals, not really engaging with the care of the animals; it is a full-time job and he is not doing it.

From my DH’s perspective if the DB can’t get his shit together then he laughs and says we will have to have to sell the lot of it. But I know he does not want to lose it out of respect to his Dad, who built it from nothing.

It started getting tricky when I asked DP for the legal paperwork on the farm, that was signed off on 18 months ago, he still can’t produce it for me. Or won’t. We both knew his sibling would not be able to run it. I said why can’t you produce the paperwork? On further research, but not information from DP, he has been left the land and the younger son has been given the equipment. The equipment is worth more than the land. If all things are equal in the morning, my DH has land worth x and x-1 because he owns no equipment to farm it. My BIL has land of nothing but has equipment of +2 that he can’t use, because he simply is not able to. I know that something is being hidden from me, there is a smirk when asked or a shock or a general unease. AIBU to want to know all the terms? What does anyone feel may be the game that I feel I am unaware of? It sort of feels like I am a tourist looking in, don't want anyone's crap or money, so I am in a good position from that point of view.

OP posts:
Ifeelinclined · 18/04/2019 01:34

Can you talk to your FIL about this? I would be really suspicious if I were you. Something isn't right here. There should legal docs. YANBU at all. This affects you too.

julensaor · 18/04/2019 01:51

Can't talk to FIL, not that type of relationship; it is a all a hidden thing; the motive or the profit or the plan are all really ???. It is not really affecting me that much in the sense I don't really give a shit money wise. But the fact that every other single legal paperwork I have seen or been involved in, in my life is just there and now there is a secrecy, or not so much a secrecy as a fobbing off. But before I make a point of it which I will, I was just wondering did anyone else see a point to it.

OP posts:
TheSandgroper · 18/04/2019 02:25

It looks like you need to find a specialist rural succession/inheritance planner, whether that's a solicitor, accountant or relationships counsellor, even if it's for your own piece of mind. Such times in life have the ability to become very messy.

These are Australian but may guide you
www.abc.net.au/landline/content/2008/s2484704.htm
www.abc.net.au/news/rural/2014-07-18/handing-over-the-farm-to-the-next-generation/5602678

Lonecatwithkitten · 18/04/2019 02:33

I am saying this as someone who is coming from a farming family. Unless you are working the farm and involved in the business I think your DH and his brother have been told not to show you the paperwork. If this is the case talking to your FIL is unlikely to help.
If you have money tied up in the farm you need to sit down with your DH and discuss it. If, however, you are not financially involved he might not discuss it with you having been told not to.
Ownership of farms and wives is often complex they may have been advised to put it into trust to protect in the event of a divorce and don't want you to see this on paper etc.

julensaor · 18/04/2019 03:35

@Lonecatwithkitten I do feel that there is something I am not supposed see. I am not working the farm, but at this stage my DH isn't either and his feckless brother isn't also, the final sibling isn't able to either mentally so not sure why I am not privy to marital type asset papers. Have asked, not seen, it's not an inheritance, it is an assets transfer, have they me sewn out of it.

OP posts:
ContraryAnn · 18/04/2019 03:49

I agree with Lonecatwithkitten

We also farm and put ours into a trust a couple of years ago to avoid someone forcing a sale in the future. The farm has been in the family for 140 years.

My husband and I are past retirement age although we still work on the farm, (that's farming for you), although our son will take over the place. Thankfully our son loves farming and is good at it.

Has your husband been farming/working with his dad and how about the brother, has been putting in time helping his dad? Do you work there? This makes a difference on a farm.

ContraryAnn · 18/04/2019 03:51

OP I posted before I saw your last comment.

CanuckBC · 18/04/2019 04:00

It sounds like there is something up. Why else wouldn’t he let you see it? I would insist on seeing it so you guys can figure out how to deal with the future. Both the immediate and distant. Maybe lease it to someone who will work it properly, all the land and equipment so both brothers will get some gain.

LonelyTiredandLow · 18/04/2019 04:02

I'd suggest that the value has simply been split for 2 reasons
1 - avoid inheritance tax
2 - ensure your DH has land so he won't sell it like younger DB prob would

I don't think they are hiding anything, rather making it clear; this is all done in advance so no death duties are liable.

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