Legal advice: “I thought I would inherit the family farm and house, but now my siblings want land”

The baby has caused quite a stir in our home – my partner intends to move into the family home I share with my mother, which still bears her name.

I assume the farm will pass to me as I’m the only one of the four of us – I have a brother and two sisters – who has ever shown an interest. My father always implied that it would pass to me, although it was never explicitly said.

It’s quite a small farm but I’ve worked very hard on it and it provides a good income for me and my mother. It also raised my siblings.

The problem is that my brother and one of my sisters are pressuring my mother to give them websites – big enough websites.

I think the fact that I’m about to get married and start a family at home has put things into focus for her in terms of who’s going to get what when my mother dies.

They both pay high rent in Dublin and have been working from home so I can see how it would make sense for them to move back here as we are just over an hour and a half drive from the city should they need to go to a couple days a week.

It wouldn’t be a big deal to me if the farm was bigger, but the amount of land they want and where they want the locations would significantly affect the farm and my plans for it.

My other sister might want a page too. She lives in New York, but who knows if she will return in the future?

My mother is reticent enough when I ask her what she’s going to do – I can understand why she doesn’t want to upset any of her children, but it causes me a lot of stress.

She wouldn’t be a great planner for the future, neither would my father, and I worry that my share of the farm may not be as secure as I thought. What do you advise?

answer

It is important to clarify that children are not entitled to a specific share of their parents’ wealth. It is up to parents to distribute their wealth as they see fit.

However, a parent has a “moral obligation” to provide for their children, whether by will or during their lifetime.

The vast majority of parents also want to be as fair as possible, which can be difficult when the main asset is a farm.

You say two of your siblings put pressure on your mother to give them pages. In any transaction, especially a voluntary transaction between a parent and child, it is important that neither party is pressured into entering into that transaction and does so of their own free will.

This is especially important when it comes to a gift between an elderly parent and their child.

“Coercion” is a term used when such pressure is exerted on a party as to completely negate their consent to the transaction. In other words, they don’t do it of their own free will.

“Unlawful influence” is when the person receiving a gift has the power to improperly influence the person giving it. There are certain types of relationships that suggest undue influence, including between parent and child.

Section 117 of the Succession Act 1965 allows a child to bring an application to the court if they feel they have not been adequately cared for by their parents.

If a court decides that a parent has failed in their “moral duty” to provide for the child appropriately, it may order that such care be made for the child from the parents’ estate.

A Section 117 application can only be made if your mother is making a will.

Regarding your situation, where you say you worked very hard on the farm and your father had always implied it would pass to you (although it was never actually said), the teaching of Promissory/Proprietary Estoppel to be helpful.

I cannot say with certainty that you would benefit from this doctrine as you have not provided enough detail, but you should take the story to your attorney for further advice.

For example, they do not confirm whether you were brought up outside the court yourself.

Your family may need to use family mediation to resolve the matter between you all. It would be better for everyone involved, including your mother, if this issue could be resolved as soon as possible.

Deirdre Flynn is of farming background and practices law in Tralee, Co. Kerry

The information in this article is intended as a general guide only. Whilst every care is taken to ensure the accuracy of the information provided, Mrs Flynn accepts no responsibility for any errors or omissions howsoever arising.