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Buachaill, Barrister
Category: Law
Satisfied Customers: 10983
Experience:  Barrister 17 years experience
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My husband (then aged 16) was left a farm by his uncle. My

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My husband (then aged 16) was left a farm by his uncle. My husband's father was the trustee of the will. The farm was to be signed over to my husband when he reached 18. For reasons unknown to us, the farm was transferred (by his father the trustee),to my husband's brother. This happened along time ago, and did not come to light immediately. Is this legal? Can my husband claim what should have been his after nearly 70 years?
Buachaill :

1. Firstly whether your husband would be entitled to make a claim today would depend upon the trusts laid down in the will. If your husband's father was a trustee under the will, he would have been given certain powers in relation to any property given to the trust and any giving of the farm would have occurred in accordance with the terms of these powers given to the trustees. So you need to examine the powers given to the trustees by the will before you would know if there was a case. Secondly, there is a 12 year time limit within which these types of cases must be brought. Accordingly, the time limit for bringing a claim by your husband has long since passed. So I regret to say that it is now much too late to do something positive about what occurred over 70 years ago.

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