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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10455
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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hi my dad has divorced and re married in the past 2/3 years

Resolved Question:

hi

my dad has divorced and re married in the past 2/3 years he has made a will. there are x2 separate issues.

1. house
2. farm and land not connected with house.

the house is left to my sister, step mum, and I.

the farm has been left to me (solely).

as I use and rely on the farm for work (not a farmer, but a tree surgeon and log supplier),i am worried that if anything happens to my dad or his wife divorces him, the farm would be left to her.

im just very worried about loosing the farm as i rely on it heavily for my business.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

I am afraid that as the Farm and land are owned by your Father, there is nothing you can do to protect your inheritance unless your Father is happy to transfer it to you during his lifetime. Although he has made a Will, leaving the farm to you, a Will only becomes valid on death and if circumstances change before his death, there is nothing you personally can do to prevent this.

I appreciate it may be a delicate subject to discuss, but the only thing you can therefore do is to discuss matters with your Father now and see if he would consider transferring the Farm to you now.

I hope this assists and answers your question.

Kind Regards
AL
Customer: replied 3 years ago.

thanks for your quick reply.


 


I spoke to him about this matter today, stating that i will bring him on as a silent partner in my business (so he can earn more), and i will invest a lot of money into the farm to help expand my business.


 


however im not going to do this if my position at the farm is at risk. This would be a massive investment to me. And I'm worried that if anything happens to my father (death or divorce), then I am worried that all the farm would go to his present wife.


 


He seems to think that this cannot happen, and feels he can protect my interest by giving me a long tenancy. He told me there is nothing to worry about and I would not lose farm. I am so I need concerned as he does not know the law inside out.

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

Thanks for your reply.

Upon divorce or death, there is nothing stopping his wife making a claim against the Farm. I can't of course advise you on what she would be entitled to (everything would depend on the length of marriage/who was the major breadwinner/ how much income and capital she has). Upon death, if she feels she has not been left reasonable financial provision by your Father under his Will, a claim can be made.
I would expect that as your Father has made a Will, his Solicitor will have advised him on this point and that by leaving the house partly to her, that this is "reasonable financial provision".

However, if the Farm is in the sole ownership of your Father, in theory there is open for her to make a claim over it in any future divorce/your Father dying first.

The only way to safeguard your business, would be for your Father to grant you a long term Lease (eg 50 year Lease) or to transfer the Freehold to you.

I hope this clarifies matters for you.

Kind Regards
AL
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Customer: replied 3 years ago.

he only wants to do a lease to safeguard me, so what do you think would be the minimum lease i should go for.?


 


thanks

Expert:  Aston Lawyer replied 3 years ago.

Hi Oliver,

Well, you need a Lease which will last until your retirement age.

Hope this helps.

Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you