Contesting a will. Have tried being reasonable and compromising but it’s not good enough, is this our only option?At this moment in time my OH is having a really difficult time due to his

[Iswallowtoothpaste]

At this moment in time my OH is having a really difficult time due to his DM leaving her estate somewhat equally.

He is a farmer and has worked since he left school for a minimal amount of money, up until 4 years ago, we were living in two rooms in her house with 1 DD, by this point OH was only getting £400 per month at best off his DM. She promised that, after her death the business, stock, agricultural buildings and land would be left to him so that he could continue on with the business.
Just two years before she died, she made OH a partner in the business.

She passed away last year and when her will was read it turns out that she has indeed left the business and stock to OH but has split the land, agricultural buildings and 4 houses 4 ways with OH, his brother (who was left a large amount of land in his fathers will - also OH’s father but died before he was born and has a criminal record for beating OH up), his nephew who has never contributed in anyway to the farm etc and his sister who was the main carer for MIL during her final years.

OH’s sister is more than happy for him to farm her quarter of land and use her quarter of the agricultural buildings as he sees fit. He has approached his DB (who is an executor as well as his DS) and asked for a tenancy on his and OH’s nephews quarters of land. BIL is wanting a gentleman’s agreement and has told OH that there’s no need at all for a tenancy. Basically he wants to maintain some sort of control over OH because he’s a complete fucking arsehole.
He reasonably wants a lifetime tenancy for his own security and of course the security of the other beneficaries.

None of the quarters are specified in the will. It doesn’t specify who owns what bit of land, what house etc, just a quarter each of everything. It’s looking likely that OH is going to have to sell his stock as he doesn’t have the land to farm them.

What do we do next? Could we contest the will? We’re pretty certain that OH’s B has bullied her into leaving him a share so he can exert his control over OH. I’ve seen him had MIL by the throat at times.

I don't think you are going to get free impartial legal advice here, do you? It'll be full of anecdotal stories about people feeling hard done by.

www.inbrief.co.uk/estate-law/contesting-a-will/

You have to prove the will is not valid. It will cost you thousands.

Erm, thanks. Yes, we’re quite aware of how much it could cost.

Will have a look at the link.

Why would a son need to bully his mother into her leaving him a share of her estate in her will?

I completely understand why you'd need a formal tenancy to have any sort of security, but how would contesting the will help you to get that?

You won't receive anything like legal advice here, just views on what sounds basically fair. So here is mine: I don't think you will get anywhere contesting a legal will that splits property even vaguely equitably between siblings and other relatives. Sorry!

He needs to see a solicitor who is experienced in dealing with inheritance as it relates to farms and farmers. Does he not already have a solicitor?

As your DH was a partner, was the partnership a limited partnership?

You need to engage a solicitor who specialises in land law and absolutely contest. This is (loosely) my area but I'm in Scotland and so wary to give Advice on an English matter as your agricultural holdings laws are very different. This kind of bullshit is unfortunately very common in farming families and massively unfair to the (usually one) child who gives their life to the farm and then gets shafted.

Mediation might also be a cheaper way to resolve this if you think there is a chance of the brother and nephew being reasonable.

My heart goes out to you and your husband - I've seen how much something like this can devastate a family.

PS a good way to find a lawyer / solicitor who specialises in this area of law would be to ask your land agent / agricultural advisor who they would recommend, they've normally come up against the best and know what to look for.

You also need advice about the business aspect of this situation.

If the land belongs to the business then I don't see how your MIL can leave the land to anybody in her will, but she could have divided her part of the business and left it to them.

You also need to find out what sort of business it is, Ltd company / LLP etc and what is supposed to happen in the death of one of the owners.

Hi OP I've reported this thread to ask MNHQ to move it to the legal board. Hopefully someone on there will be better able to advise you.

OP, all I do know is that this sort of thing happens in agriculture more than any of us would like to think. MIL shafting OH is probably completely legal. Even with dedicating his life to the farm on a promise. But you need to check before you despair.

Wills aren't family law - they're business law. Even in business you'd be hard pressed to cheat anybody as badly as some farmers get treated, but that's because loving trusting family members don't ask for the agreements in writing the way you would at work. And in the wider world of business, people don't get away with acting the crook for very long, unlike a farm where they have a captive audience, so to speak.

Get out all the paperwork you can find for the past 50 years. Dig through it to find how the farm works as a legal entity (AB, Ltd, etc) and how it's been run. This is free, so do this bit yourself. Get the accounts and any deeds of title, letters, anything to do with ownership and money.

Then it would be worth speaking to an estates lawyer - google STEP and they will recommend you one on the site. They should suggest mediation first, which is pricy but cheaper than court, about 1k for quite a lot of help.

Bear in mind that if you have to sell it will only be your bit, so make it clear you won't be boosting the bank balances of OH siblings by maintaining, let alone farming, anything that doesn't belong to you. That might take the smiles off some faces. Insist they pay someone else to keep it up.

Sorry for you.

Was there a written partnership agreement and if so what assets are stated as within the partnership?

Speaking as a farmer not a lawyer, I would want to get out. It will never work out. What kind of stock? Are they pedigree animals which are hard to replace? Does the DB farm elsewhere on this other land he was left?
Obviously you need to go to a good lawyer.

You have zero chance of overturning the will if your reasons for the necessity of which are based on your dislike of your BIL, together with a previous inheritance he received - the point of which completely eludes me, or are you saying that he forced your MIL to change her will by means of strangulation?

Did the farmland belong to the MIL personally or to the farm as a business??

It will cost you a fortune and you could well lose everything fighting it, you’d need specialist solicitors who have experience with contentious estates and agricultural land, is there any chance of selling his share and buying some land elsewhere?

Sealing as a lawyer not as a farmer - get someone who specialises in and understands farming businesses and agricultural tenancies.

Speak to your land agent to get a good recommendation of a solicitor.

Our land agent says that most
Of his time is say in family discussions about changing the will. Would your Bil let you buy him out?

Don't go near farming his land without a tenancy.

This is why every farmer should discuss their wills with their family. Every farming family seems to have a story like this.

Going to a lawyer without experience in this difficult and specialised field is risky.

Getting your advice from a lot of sympathetic lay people who only hear your summary is the road to disaster.

Get thee to a solicitor who knows about these things and do it now.

Because if the partnership included the farm and acreage, it belongs to the surviving business partner so wasn't the deceased property to leave.

Hi OP, we're going to move this to Legal matters where you'll hopefully continue to receive good advice.

The first question is how the land and buildings (including the houses) were owned. If they were owned by the business your MIL could not leave them to anyone in her will and any part of her will purporting to do so is ineffective. They are still owned by the business which is now owned by your husband. However, if she owned the land and buildings and the business just had use of them that is another matter. In that case she could leave them to whoever she wanted. You won't be able to contest the will just because you don't like it. If you can show that, for example, your BIL exercised undue influence over your MIL you may be able to challenge it.

If you need to pursue this your husband should consult a lawyer who specialises in contentious probate.