Gumersalls News

Gumersalls News

Farm Case Has Implications For Wills

by | Dec 17, 2022 | News

The inheritance of property is often a key issue when it comes to making a will, with the lack of a clear instruction in the document or, worse still, intestacy having the potential to lead to an acrimonious dispute.

Will solicitors in Epsom may find they have more families from farms in the local countryside contacting them following a recent Supreme Court ruling to make sure their plans for the future are spelt out very clearly. 

The case involved Andrew Guest, whose parents own a dairy farm in Monmouthshire. He lived and worked on the farm after leaving school for 32 years, earning a basic wage. He had been promised a lump sum as a share of the farm when his parents died.

However, after a family dispute he was disinherited, leaving his two siblings set to inherit the farm in its entirety.

Although the will had not been enacted yet as his parents are still alive, Andrew contested the change and the court ruled that he should be awarded a lump sum immediately based on his expected inheritance. His parents had argued that he should only receive a figure matching the value of his work or the cost of the loss of opportunity to work elsewhere.

The Supreme Court had offered an alternative that, instead of Mr Guest getting the lump sum now, the original plan of the farm being placed in trust for the three children to inherit be reinstated.

Rebecca Armstrong, of Cumbria-based Cartmell Shepherd Solicitors, said the outcome was unusual in offering alternative solutions.

Ms Armstrong emphasised: “These high profile cases are a reminder that people need to be clear about their plans for the future.”

Clear wills can also protect against undue claims. One recent case, reported by Farming Weekly, a son lost his claim to complete ownership of a farm against his mother, as promises that he would own it in full were not unequivocal.