Son Awarded Share of Farm After Father Broke Promise

Jan Samuel

In a recent High Court case, it was found that a son who had worked for decades on the family farm, should receive a 52% share in the business.

The son had worked on the farm since the 1970s, with the promise that he would inherit the business after his father died. The son had agreed to carry on working the farm, for very little pay, as a result of this promise.

However, the son and father fell out, after which the father transferred his share of the business to his other son. Their mother transferred her share to the son who had worked on the farm, to try and deal with the inequality, but the court intervened. 

Other family members were able to confirm that the son's expectations about inheriting the farm, and the reasons for those expectations, were as a result of what he had been told by his father. 

This case will no doubt be of interest to farming clients throughout the South West, where farms are regularly passed from one family member to another, in reliance on promises made, and hard work carried out over the years. 

The best way to ensure that assets are passed to loved ones in the way you wish, is to have a properly drafted will. If you think that you have been wrongly disinherited, there is action that you can take. 

Contact us today to see how we can help.