• 10 June 2015

Man Wins Inheritance Battle To Own Family Farm

by Macks Solicitors

A Welsh farmer who gave up a career and left school at 17 to work on his father’s farm has won a court battle against his four siblings over its ownership.

James Davies, aged 54, forfeited his dream of becoming a police officer to work on the family farm and was paid around 10p an hour. After leaving school he attended agricultural college, where he learnt the necessary skills to work.

His father Tom persuaded him to stay, promising him the £1m farm when he died. James said he believed his father intended to hand over the farm in return for his hard work.

James claimed he increased the profits of the farm considerably after his parents retired to a nearby bungalow.

Tom died in 1999 but the details of his Will were not revealed until 2012, when James discovered the farm was in fact to be divided between all five of his father’s children.

The judge concluded it was fair to give James the farm but that it was “a very sad, bitter, family dispute.”

James now has full ownership of the farm and lives there with his wife and four children. He intends to follow family tradition and pass the farm onto his son.

The success of his case has been at the expense of his relationship with his siblings. Two of James’ brothers were made executors of the Will and intended to carry out their father’s wishes as they were written. The barrister for the pair told the court James’ claim had been “exaggerated”.

Their mother also disputed James’ case and was reportedly suffering stress as a result of his claim. She told the court she had not been made aware of any agreement between him and her husband.

A similar case was won earlier this year by a woman working for a low wage on her parents’ farm.

Nicknamed “Cowshed Cinderella”, the woman devoted her time to the farm with the promise of inheriting it when her parents died.

She later discovered that their Will had been changed to include her two sisters, neither of whom had worked on the farm. She successfully sued her parents for the unpaid work and intended to use the funds to start her own farm.

Kerry Brundall, of Macks Solicitors, says: “This case shows how important it is to consider whether you have made any promises or acted in a certain way, resulting in someone else relying on those promises.”

Macks Solicitors have professionals who can advise you on all aspects of making a Will, including any potential claims on your estate. Macks’ Wills and Probate solicitors are qualified to help you write your Will and ensure any future legal obstacles are avoided.

You can contact one of our Wills and Probate lawyers in Middlesbrough and Darlington on 01642 252 828 and our Redcar office on 01642 293334.

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