legal Q about my brother's living situation when my parents pass away

[RedOnion]

you can inherit the whole farm without tax - even if you sell the whole lot the next day.*

*might be slight exaggeration

Yes, a slight exaggeration. It's 6 years, or 10 if it's developed land. And it's a bit more than a training course. You have to be an active farmer, and the farm be at least 80% of your assets.

 

[Marsha25]

I'd be inclined to encourage the non farming brother to find a place of his own. Just because he doesn't want to move out of his parents house, doesn't mean he shouldn't - unless he has extra needs in which case provision should be made for him. Surely he sees friends moving on, gaining independence and possibly settling down with their own family. Does he plan to stay at home forever? What happens if the farming brother gets married? He'd surely need to move on then. He's not likely to win in this scenario. Your parents are entitled to leave their farm/house to whoever they want. Harsh as it may sound, assuming he is a heathly, able bodied, working adult then he really needs to take responsibility for his own future and stop relying on his parents to provide for him.

 

[odyssey06]

Harsh as it may sound, assuming he is a heathly, able bodied, working adult then he really needs to take responsibility for his own future and stop relying on his parents to provide for him.

That's also the view Irish law takes when it comes to inheritance by adult children when there's a will.

 

[jan]

Thanks for all of your replies... and at least now I know that as it stands, Bro A would have no rights..
Basically, there is a lot of denial on my Dad's part and unfortunately, the boys are somewhat uncivilised; they are not the type to sit down and have a civil conversation with Dad about all of it..
I have asked Dad to talk to Bro A about what he wants to do - realistically.. (maybe Dad to help him out now with living somewhere else).. and to talk to his solicitor..
I have stressed that he needs to do this now before its too late - he's 82 - he has health conditions - he could go at any time (he is not been proactive - denial and putting things on the long finger)
I am only too aware of the possible blood shed - that it why I am trying to get Dad to sort things out now - before its too late.
I live 4 hours from them - and I have a lot of stress in my own life.
Dad and I are v close and now when we talk on the phone we end up arguing about this - well me lecturing.
I will talk to him one more time about this - and after that, I dunno what else I can do - its up to him.
I don't want anything money or land wise - just peace - and for Dad and Mum to be able to go in peace.
For my bro's not to hurt one another.
Thank you all and stay safe
(mods you can close this thread now - thank you)