farming wills

Challenging farming Wills

With the number of Wills being contested continuing to increase substantially, it seems likely therefore, that this is also the case among the farming community, with land prices retaining their high value.
Children and relatives unfortunately often simply expect to be left a substantial amount of land, property and assets, only to be disappointed and disillusioned when the inheritance fails to materialise.
Even farm workers, sub contractors and those who had a connection with the deceased may feel put out if they have not been remembered in some way.
Problems can arise where the future of a farm has been left to chance with no Will to ensure the financial support and stability of those left behind. Alternatively, promises made during emotional family gatherings or even in the pub over a handshake, can be remembered years later, even though no formal agreement was ever put in place and so the promise is not legally binding.
It is not easy to contest a Will, however. Firstly it must be proven that either the deceased had been coerced into writing the specific contents of the Will; that they were not of sound mind when they prepared it or that they have not left any provision for a next of kin who was dependent on them. Secondly, it can prove expensive to challenge a Will, meaning that even with a successful outcome, most of the proceeds have already been depleted.
It is therefore advised that an individual not try to challenge a Will of their own accord but to consult with an experienced probate practitioner before taking any legal steps.

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