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Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I have left Family Farm to my second son in my will on my

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I have left Family Farm to my second son in my will on my demise, can he leave the farm to his Nephew in his will, who is the son of my eldest deceased son?

Hi, thanks for your question, I will assist you with this.
In England and Wales, our legislation provides for freedom of a person to leave their property to anyone of their choosing - in a will. Therefore, it is certainly possible for you to leave the family farm to your second son and if your second son agrees he should prepare a will referring to his nephew as the person who will inherit the farm on his death.
However, you should be aware that a will can be changed and therefore if your son decides to change his will after your death for example to pass the farm to his children or someone else, or indeed sell the farm, then he is free to do so.
If you wish to ensure that the farm stays in the family and passes in the manner you have stated, then you would need to look at settling the farm in a trust.
I hope this assists. If you have any questions, please ask. I will be on and off line over the weekend, so may not come back to you immediately but I will answer you when I get back online.
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