Almost30 years after my fathers death and still do not know where i stand with will

My father passed away 1982. I was executor of will and he left me the farm. I am youngest of three boys. My mother is still living but his will had been made with the line "I leave the farm to my wife her day then it was to go to me".

My brothers are not happy and set my mother against me. Then they discorverd this line in will and invoked some irish law which made her a tennant - this the allowed her to sell the farm if she wanted to.

They then took me to high court in Belfast to get a ruling on this.

It was ruled that she could sell to one of my brothers (at a bad price i might add ). I had to say i would agree to another vaulation which i did (not much better as the guy was a friend of the first they got to vaule it the one i got for myself was giving little concideration and had to be a walk by as they would not allow him on the farm).

I was told at court that if the farm was sold I would have to sign something and would be told and money would be put in trust and i could not get it while my mother was living.

Months went by heard nothing rang my adviser to see if he heard anything told me if i hard anything i would have told you (he was very sharp) so i never rang him after that . I have had nothin to do with my family since but was talking to someone from there they told me that as far as they know the farm has been sold twice since my mother sold it to one brother who later sold it to the other one who has now put my mother out cause he signed it over to him I as executor and beneficiary knew nothin and got nothing now some 30 years later .

Where do I stand? Has there been a slip up or just a complete hash?

What should can i do in my world i want the farm back?

As a huge amount of time has passed since your father's death allied to the complexities involved I think your only option is to seek legal advise from a solicitor.

First thing OP, it is near impossible to read your post as you have used no punctuation marks and the spelling is terrible.

As you have stated that you are in Northern Ireland, there are different laws in the UK rather than Ireland. ?This is an Irish site and therefore you might not get the correct opinion.

Saying that your best course of action would be to talk with a solicitor.

mercman said:

First thing OP, it is near impossible to read your post as you have used no punctuation marks and the spelling is terrible.

Click to expand...

I gave up after a few lines. Pity.

sorry my lack of education is so of putting but i write as i talk hope what you read was not to sore on you

I think you definitely need some independent legal advice on this one.

The very best of luck with it.

I have tidied up your original post. Let me know if this is ok.


What did/does your solicitor say about the issue?

Even though you are posting from NI I think the issues raised are of interest to people in the Republic and I think there is some commonality in the law as it is practiced in both juristictions.

The last time I was in touch with my solicitor I called him to see if the farm was going to be sold he was very cheeky and said (if I heard anything i would have let you know) and cut off. That was 1995/6 which was after my brothers found out they could push me out (father died 1982).

Since then I bought a house and changed solicitors. They have since have mearged with my brothers solicitors so I dont know who I can trust. You see I keep worndering have my brother's solicitors made a slipup along the way.

Thank you ajapale, what you have done is great.

Thanks to those who showed they cared (cyystal) etc.

The last letter from my solicitor was like this (found the letter dated 19th April, 1996):

'I contacted Mr. XXXXX in relation to the court valuation. It is clear that we would have had little prospect of challenging the means by which the value was reached. Consequently when Mr. XXXXX appeared on your behalf on Thursday, the master accepted the valuation he had requested.

He dismissed the case brought against you and ordered the appointment of XXXXX & XXXXX XXXXX solicitors of XXXXX
because we won the case, we asked for costs to be awarded against your mother but the master would not make an order. It is now up to a would be purchaser to raise the £0000000 if they wish to purchase the land.'

That's the last I heard of the whole matter.

I was told at court if it was sold I would have to sign something but I have never been asked.