Farm left to eldest son in the 60s - can his sister take action now?

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Reynmc

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Hi
My 86yr old mother has always said she was wrongfully left out of any entitlements to the family farm it was left to the only son as was the done thing back then. This son never married and has been neglectful with the farm, animals have been removed and the buildings are in ruins. He is in poor health and is not able to manage the farm anymore. My question is does my mother and her sisters have any entitlements to the farm whatsoever or has this ship sailed??
 
When did her last parent die? In the 1960’s? Was there a will and was it followed? Was she a minor when her last parent died with no provision for her in the will? What would your mother do with the farm or money if she had redress now? And why is it still a topic - has she not moved beyond this years ago?

The timeline for objecting to a will is about 6 months (iANAL) so I would say the ship has not only sailed but long retried

Does your uncle have a will and who is he leaving his assets to?
 
I would say she is clinging on to some hope that she would get a share of the farm as she wants something to pass on....the last parent died in the 90s the farm was lived on and worked on by the only son. He has never married and has no children I think for her it's more the principle of it and how she doesn't want the property to be sold off to outsiders I think its a waste if time but for her she wants closure on it
 
Reynmc said:
I would say she is clinging on to some hope that she would get a share of the farm as she wants something to pass on....the last parent died in the 90s the farm was lived on and worked on by the only son. He has never married and has no children I think for her it's more the principle of it and how she doesn't want the property to be sold off to outsiders I think its a waste if time but for her she wants closure on it
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The time for your mother to challenge your uncles entitlement was in the 90s. However, if your mother is seeking some closure you could point out if your uncle dies intestate without a surviving partner or children/grand children/parents then your mother and her siblings would be next in line. If she were to predecease her brother her children (you and any siblings you might have) would inherit her share.

In short if you think there's no will there then your mother's family will eventually be the beneficiaries. Of course there may be tax implications that could necessitate the farm being sold.
 
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