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1. Yes, you can challenge the will on the basis that there was a constructive trust imposed in your favour in relation to the farm arising from your legitimate expectation that the farm would be left to you. In relying upon this representation by your aunt that the farm would be left to you, the work and investment in her farm would be evidence of the detriment you have suffered owing from your reliance upon her leaving the farm to you. This will give rise to a constructive trust in your favour which will take the farm out of the will and instead, you will get the farm. The law intervenes in situations of unfairness to remedy the harshness of the result occurring. So, here, the law will intervene in your favour and give you the farm owing to your work and investment in it, in reliance to your detriment in looking after and investing in her land. So, you need to issue proceedings against your late aunt's estate and seek an order giving the farm to you. So you should see a solicitor and get legal proceedings issued as soon as possible. Certainly no later than six months after she has died.
2. The solicitor will guide you in issuing the legal proceedings. However, you should get a barrister to draft the legal proceedings for you as it is important that the work be done properly. Be aware that legal proceedings can drag on over a year or two. So, keep after the solicitor to ensure the matter gets into court as soon as possible.
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