'My father left the entire farm to my brother. What can I do?'
Published 17/08/2016 | 02:30
Q. I am a farmer's son and am now in my fifties. Having farmed our 150 acre farm for over 20 years alongside my brother (since my father retired) I was expecting that I would inherit at least half of the farm when the time came for my father to pass it on in his will.
Although it was never discussed openly by the family, I have always presumed that one day, at least part of the farm would be mine. I have never been paid for the work that I have done on the farm and the profits have kept my parents in their old age. I was shocked to learn that my father has left the entire farm to my brother and I will inherit a site.
Is there anything that I can do?
A. These circumstances are always difficult by virtue of the inevitable damage that they cause to family relationships. It is essential that when it comes to succession planning, much thought is given to the consequences of the distribution of assets for all of the affected parties before the will is made.
Most people are aware that once they enter a contract or agreement, the terms and conditions of that contract will generally be enforceable.
For a contract to be enforceable it normally requires that there be a promise, for example to do or sell something, in return for some form of consideration or payment by the other party.
There are, however, limited circumstances in which a contract or agreement, which is not written, can be enforceable even when there is no consideration or payment involved. It is a remedy used by the courts to prevent a person from going back on their word in circumstances where another person has acted or relied on that word to their detriment.
It is not enough that a person has made a promise or representation, the other party must actually have acted to their detriment in some way as a result of the promise. For example, if a father promises his son that he will leave him the family farm in his will and as a result the same son works without pay on the farm and improves the farm then, if his father does not in fact leave him the farm, he could bring an action before the court seeking to enforce his father's promise.