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MIL’s estate. Trouble with executor. What can we do?

61 replies

user1488481370 · 15/04/2021 11:27

I’ve posted before about MIL’s estate.

OH and MIL were in partnership before she died (farming). She has gifted OH the business, livestock and machinery in her will but has split the land, houses and buildings on the farm between OH, SIL, BIL and OH’s nephew. So between 4 of them.

BIL and SIL are both executors.

There is history between OH and BIL included but not limited to BIL having a criminal record for GBH against OH around 13 years ago.

We’ve had years of harassment/spying and even threatening behaviour from BIL and his wife.
Examples of this include but are not limited to, threatening to maliciously report us to social services, glass placed around our children’s toys outside, telling us we’d better ‘watch out’, threatening to undo/damage any improvements OH has made to the farm (fencing, infrastructure etc) blocking access to farm gates and much more. We all live on the farm so it’s difficult but with the way MIL has left the will we have to stay put for now.

He has recently started to turn on the children. He has come down from work shouting, raving and swearing like a lunatic at them, thrown their toys over fences. He left my eldest DD’s sobbing over the Easter holidays. He also threatened to take my eldest some where to ‘square her up.’Him and his wife both make a point of glaring at our children when they walk past them too. We involved the police who came to our house. They also cautioned BIL who said his issue was that they were playing football and his wife didn’t like it as they were making noise and she’s working from home and she was worried that they were disturbing her hens (I have plenty of video footage of children and hens coexisting in harmony outside, I can’t believe this is what it’s come to). They’re not rowdy, they make ‘noise’ but all children do and that is a safe, enclosed environment for our DC’s to play in. Farms are dangerous places for children.

Anyway we hoped we’d nipped it in the bud. DC’s were out playing on Monday afternoon for 20 minutes, it was around 4pm. DC’s came back in for dinner. Saw BIL come home from work at around 5:30pm (we share an access to our houses and he walks past our kitchen window) he glared in and smirked at me and seconds later all of the cows stampeded down in front of our house. We knew he had opened the gate and let them out and despite having a camera in the shed he’d managed to do it so that the camera didn’t catch him. You can only see his hand and arm.

DC’s were outside again on Tuesday night after school playing catch this time. Not being rowdy, just playing in their own garden. BIL came home, ran in full view of myself, opened the shed gate, booted a heavily pregnant sheep and let all of the ewes out of the shed. Newly lambed ewes were separated from their lambs as they jumped from their pens when the gates were opened. We think we’ve identified the ewe he kicked and have kept her in a pen to monitor her.

I actually managed to get this caught on my mobile phone. The whole incident and you can clearly identify him on the footage. We’ve reported it to the police again and they’ve asked us to make a statement which we are going to do. I’ve also sent them the footage. Not only is this disrupting the running of OH’s business, it had potential financial implications and could’ve been incredibly dangerous if the children had been in the way of the cattle and even the sheep (there were around 150/200 that he let out and we have a toddler who would’ve been trampled)

Could we have him removed as an executor? We have a list a mile long about him. Including planning permission fraud. He has verbalised to several people and my OH that he wants to put OH out of business and my children, myself and SIL are frightened of him.

Where do we stand? We believe he has already tried to be underhanded with the distribution of the estate and he is refusing to seek any sort of legal advice to resolve matters that have arisen.

OP posts:
Aprilshowersandhail · 16/04/2021 21:09

Body cams are fairly cheap second hand I believe (read on here a few weeks ago!)
Cctv with the recordings stored not deleted..
And report every single thing as they happen online to the police.

user1488481370 · 18/04/2021 07:43

@Aprilshowersandhail thank you, we’ve bought a body cam and some cameras off a local for sale site! Never thought to look on there before.

We’ve had more glass around the kids toys over the weekend, it has chicken wire in it so from her hen huts, she must sweep it all up and dump it near the toys under the cover of darkness, I can’t understand how it just turns up there. They themselves have been pretty quiet though and I’m hoping it stays that way. My nerves can’t take much more. Police are coming out to take statements on Tuesday and I’m just dreading the back and forth of false accusations that will undoubtedly arise from them 😩

OP posts:
Aprilshowersandhail · 18/04/2021 15:39

Ime you find the necessary strength when you know you are 100 % in the right...
Flowers

user1488481370 · 18/04/2021 16:52

@Aprilshowersandhail yes and we’ve got nothing to hide. They’re just professional liars, manipulative and it really worries me.

Almost been talking my way out of making a statement but going to have to pull myself together and get it done!

OP posts:
Aprilshowersandhail · 18/04/2021 17:18

Take photos of glass etc. And anything you find that doesn't belong to you /your land. Gather evidence.
Write a timeline to keep yourself right.
Set yourself an hour a day to deal with it mentally. Then shut the door on it. Or they will be winning by taking over your mental well-being..

nickymanchester · 18/04/2021 17:27

(it’s a farm workers cottage, BIL a isn’t a farm worker and said to the planning inspector that OH would be living in it)

If BIL isn't involved in any form of agriculture at all then, yes, he is in breach of planning permission.

Just as an extra lever, you may wish to inform the local council planning department that BIL is in breach and it is likely that they will take action against him.

RandomMess · 18/04/2021 17:27

Can you not put up motion sensor lights covering your garden?

user1488481370 · 18/04/2021 18:50

@nickymanchester we’ve recently obtained the plans for the conversion from the national parks/council that were submitted by himself and MIL. This was in 2005, the appraisal states that myself and OH have 2 children (our eldest was born in 2010). He’s also said that 7 of us were living in the same house when in actual fact there were 3 of us in one house (myself, OH & MIL, minus our two imaginary children) and him and his wife were living in the cottage they we’re in now.

He then said that OH would be moving into the barn conversion (the farm worker’s cottage), MIL would be moving into the cottage that we’re currently in and him and his wife would be moving into the farm house.

What’s actually transpired is that BIL moved into the farm workers cottage (which was converted at cost to the business - the conversion is on the partnership accounts balance sheet) MIL stayed in the farm house until her death (its uninhabitable) and we’re squeezed into this ramshackle cottage like sardines. Lied to suit his own end.

OH thinks that there’s no point in reporting him to the council as he’s been living in it for so long. But it’s proof that he’s a liar!

OP posts:
user1488481370 · 18/04/2021 18:51

@RandomMess we hadn't thought of that! Thank you!

OP posts:
Aprilshowersandhail · 18/04/2021 19:14

Of course report him to the council.
You need to be seen to be doing every the book... He needs to be the only dishonest one in this! Keeping quiet is supporting his fraud..

user1488481370 · 18/04/2021 19:17

I’d never thought of it like that ..... but yeah, you’re totally right.

OP posts:
nickymanchester · 18/04/2021 19:30

This was in 2005...OH thinks that there’s no point in reporting him to the council as he’s been living in it for so long.

The law actually changed in 2011. What the law now says is that if the breach has (to any extent) been deliberately concealed by any person then the Magistrates Court can make a planning enforcement order and the local planning authority will be able to enforce it regardless of how long ago it started.

Before 2011 your OH would have been correct.

When - if - (although please do seriously consider doing this) you approach the planning department, as well as mentioning that BIL deliberately concealed his true intentions from them you perhaps should also mention the specific law as well.

The relevant law that you should mention is "Sections 171BA, 171BB and 171BC of the Town and Country Planning Act 1990"

The planning dept should be well aware of this.

AngelDelightUk · 18/04/2021 19:37

This is just horrendous, I really hope the police offer some insight

user1488481370 · 18/04/2021 20:50

@nickymanchester, in fact, everyone who has helped and contributed on this thread with your knowledge, thank you so much.

I’m going to talk to OH tonight about reporting him. We’re basically compliant if we keep quiet right? The worst part is that OH unknowingly paid for it to be converted too 😫

OP posts:
user1488481370 · 23/04/2021 22:05

Just to update, police did next to nothing in the end. They offered mediation, we accepted to show willing but BIL declined.

We get no injunction, he gets no caution and yet again, gets away Scott free with no deterrent. He will keep on making our lives a misery.

OH went to his solicitor who has advised him to go down the proprietary estoppel route but we’re very reluctant to even entertain it. If we lose, we pay the other side’s fees which would ruin us and I think it’s too much of a risk to take.

OP posts:
nickymanchester · 24/04/2021 07:22

I would suggest that it's still worthwhile reporting him to the council as he is in breach of planning permission.

It will be the council that takes him to court - not you.

HighlandCowbag · 24/04/2021 07:37

I'd put a shovel around the back of his head tbh then dump his body in the slurry pit.

Vile, vile bully. You will never be happy while he is there, sell up and move out. It's not worth it, get professional valuers in.

The other option is rent the business and your bits out to someone else. If its OHs surely he can't block that.

Yummymummy2020 · 24/04/2021 07:42

I think you need to place extra cameras around so that all this will be fully caught on camera. Even better if the cameras are discreet.

user1488481370 · 24/04/2021 08:23

It’s a total nightmare as there are four of them who have to agree to sell. We’ve been advised that forcing a sale will gobble up the value of OH’s quarter. I can’t believe the police won’t act. BIL wants to buy it from OH for a pittance but OH has worked for years without a wage and has said he’s walking out of here with as much money as he can if it comes to it.

OH is so wary of reporting him to the council but I think we need to do it! He blatantly lied (several times on several fronts) to get it all passed.

We’ve installed more cameras this week. To be h best I’m not even massively bothered about catching him in the act anymore as we’ve done that, got evidence and the police have done .... nothing. They told me to let it go over my head and not report ‘every little thing’ 🤯

OH has had his quad bike tyres slashed in the last week and it’s just a fucking nuisance tbh. He’s got 600-700 sheep lambing.

@HighlandCowbag I don’t think anyone would want to rent it tbh. And they’d probably all have to agree with owning a quarter share which would never happen. And if it did they’d likely do the same to the tenants.

It’ll likely end up at court which would probably be best for OH as he has worked for the last 20 odd years for no wage. Not to mention that we’re stuck in a small 2 bed with 4 children (and the snide remarks we’ve had about contraception 🤬)

I’m actually off to the doctors on Monday as I can’t cope with feeling this anxious and on edge anymore. I constantly feel sick and don’t know what they’re going to do next. I’ve convinced myself I’ve got a brain tumour and have loads of horrible symptoms. Cant believe how badly this is affecting me. I feel so weak and tired.

OP posts:
HighlandCowbag · 24/04/2021 08:36

Is it worth it? The stress and unhappiness? It's ok your OH (are you married?) Saying he wants to leave with as much as possible but it's affecting you and your children so much.

Could you afford to rent somewhere else to live and your dh just work the farm? He can use the 2 bed cottage when lambing and calving. Even if it's just for 6 months to give you and the dcs a break.

halloumihalloumi · 24/04/2021 08:39

How does someone work for 20 years with no wage? And what did a his and his mother's business pay for the barn conversion. All very odd.

halloumihalloumi · 24/04/2021 08:40

*Why did they pay

user1488481370 · 24/04/2021 09:10

@HighlandCowbag I’m not sure we could really. I’ve suggested this before. He just keeps saying he doesn’t know what he’ll do if he isn’t farming and of course he’s got all of his stock 😞 it’s what he wants to do.

@halloumihalloumi he started to get £400 a month off MIL when our eldest DD was born. I had a well paid job which kept us afloat and we lived in the main farm house with MIL for a while and then moved into the cottage adjoining the farmhouse around 8/9 years ago. We didn’t have to pay any rent to MIL (nor did BIL or SIL who have also lived on site for at least 12 years each)

OH wasn’t aware that the business was paying for the barn to be converted. We’ve only just learnt of this after seeing the partnerships balance sheet. There’s a figure of £75000 for a barn conversion which is BIL’s. It’s all very complicated but BIL inherited 140 acres as a young boy and he let MIL farm this rent free. As he got older he used this land to bend MIL over a barrel and bully her for his own ends. ‘You do this for me or you can get your stock off my land.’ OH has seen BIL have MIL by the throat before.

OP posts:
user1488481370 · 24/04/2021 09:11

I hate to drip feed it’s just so very, very complicated 🤯

OP posts:
HighlandCowbag · 24/04/2021 09:21

Just because he wants to farm, doesn't mean that you have to stay. Honestly, I know farming families with farms split the way your split, it only works if the farm can support that number of families AND everyone has good relationships. If it was a 1 family farm (mil and fils) it won't support 4 easily. And you have to consider whether you and the children want this way of life.

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