Will shared on same folio

camper

Registered User
Messages
14
A son has been left farm on father Will. The father stated on Will that his nephew is beneficiary to the milking parlour which is located on same farm.
The son not interested in farming which means farm will be sold. Will there be problems with sale when testators nephew has access to milking parlour on same land. Will milking parlour now have to be registered with land registery in nephew name before probate transfer ownership. If milking parlour valued can beneficiary of farm purchase parlours off his cousin but he could be reluctant to sell.

It would seem that bad advice was given to testator to allow this scenario to happen.
 

Clamball

Frequent Poster
Messages
87
Sounds complex. But the will is clear so the land will need to be divided in two, one part to the son and one part to the nephew. I assume the nephew will need access road or drive to the parlour and a bit of space around it?

If son tells nephew he is selling the nephew has two choices, sell the whole farm in one lot and take a % of what it makes as value for the parlour. Or take ownership of parlour so executor transfers ownership to him. I assume son will need to fence off area owned by nephew so it is very clear what is not been sold and then he sells the farm less the parlour.

If the parlour is landlocked by the farm then the son will just have to sit down with nephews and solicitors and work out the fairest way to grant him an access route to the parlour. I think it would be easiest for a sale to give him a lane way and fence it off, despite some loss of land otherwise the remainder of the farm might sell for less than it is worth if the buyers are not clear on what they are buying and what rights stranger to parts of the farm.
 

DirectDevil

Frequent Poster
Messages
620
It would help to get valuations for the value of the entire farm and the split values of farm and parlour.
Odds on that the value of the whole property will be greater than the sum of the 2 separate parts especially if there is an access problem.
 

camper

Registered User
Messages
14
a right mess.

out of curiosity, who wrote the will, a solicitor or someone else?
Sorry Ravima just viewing your post now. There were not any solicitor involved in drafting. Just sibling was present and it was they who wrote the Will. No independant advice either, which led to this "shambles"
 

DirectDevil

Frequent Poster
Messages
620
Sorry Ravima just viewing your post now. There were not any solicitor involved in drafting. Just sibling was present and it was they who wrote the Will. No independant advice either, which led to this "shambles"
A thought occurs.
Was this will executed validly ?
If not, it is probably inoperative.

Certain rules need to be complied with for a will to be valid.
See Succession Act 1965, S 78.
Link http://www.irishstatutebook.ie/eli/1965/act/27/section/78/enacted/en/html
 

camper

Registered User
Messages
14
A thought occurs.
Was this will executed validly ?
If not, it is probably inoperative.

Certain rules need to be complied with for a will to be valid.
See Succession Act 1965, S 78.
Link http://www.irishstatutebook.ie/eli/1965/act/27/section/78/enacted/en/html
Thank you DirectDevil. SUMMARY: Testatrix hours from death, terminally ill on morphine, visited by two siblings who made themselves main beneficiaries without legal representation or medical opinion. testatrix made previous Will in which another sibling was main beneficiary but this sibling is now completly omitted. Any opinion because i feel something not correct here.
 

DirectDevil

Frequent Poster
Messages
620
On the face of it this looks decidely dubious.
If it is to be challenged the next step is to instruct a solicitor soon to make preliminary investigations.
 
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