Farm entitlements - on will

tweety11981

(not sure if this is right thread, apologies if not).

Hi, just wondering if land and assets are willed solely to a family member, do the single farm entitlements automatically be willed also, or does it have to be added on to existing will/or create new will.

thanks

grumpytrousers

entitlements are a separate entity.

If Tom owns a farm and wills the lands, machinery, buildings, animals to his son Dick and the remainder to Harry, then Harry gets the entitlements.

It's a bit mad, to tell the truth, because, of course, you'd think that the intent here is that Dick gets the farm and *all* that goes with it. He doesn't. The entitlements need to be specifically mentioned, otherwise they fall into the residue; they are NOT attached to the land.

tweety11981

Thanks, yes i agree its a bit mad! can i ask what do you mean by residue? do you mean the rest of the will??

tweety11981

yes i agree its mad! thanks. can i ask what do you mean by residue, rest of will??

coylemj

The 'residue' in an estate is anything not specifically bequeathed in the will, it's what's left over when all of the specific bequests are taken care of. It would be normal when a solicitor draws up the will to name what is known as a 'residuary legatee' to effectively scoop up the leftovers e.g. 'and I leave the residue of my estate to my nephew Joe Smith'.

If there is no named residuary legatee and assets and/or cash remains after all of the bequests have been taken care of, they are distributed as if the deceased had died intestate so to stop this from happening a solicitor will normally encourage the person making the will to name a residuary legatee.

Succession Act 1965...

74.—Where the will of a testator effectively disposes of part only of his estate, the remainder shall be distributed as if he had died intestate and left no other estate.

http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0074.html#sec74

tweety11981

so, correct me if im wrong, if there is a named residuary legatee, the rest eg single payment falls to them?

coylemj

tweety11981 wrote: »

so, correct me if im wrong, if there is a named residuary legatee, the rest eg single payment falls to them?

Correct, any asset not specifically bequeathed in the will goes to the residuary legatee.

tweety11981

so for example, if a will is made and everything willed to one person, (money and assets and land), the single payment entitlements automatically fall into residue, and residue is stated on the will, so no seperate will will/or addition ot existing will has to be made? sorry just wanted to be clear on this, thanks so much for your help

coylemj

No, if everything is left to a named individual then that's all there is to it, there is no residue.

A residue typically arises where the estate is bequeathed piecemeal by the will stating that individual assets and specific amounts of money be passed on to named individuals, in that case anything left over is the residue. This may be because there was more money left in the bank when the testator died than was anticipated in the will, or he/she simply forgot about some asset or purchased some property after making the will.

If the will simply states that everything goes to one named person then there is no residue.

eamon11

sorry for re opening this thread out of the blue but you seem to know a little about these things.
I am herdkeeper on my fathers farm.
My father passed away recently and left the farm and houseto 4 of us. There are 16 entitlements on the farm but what happens with these now? Do they go to 1 person, or will each get a share according to the amount of land? There is no mention of entitlements in the will.
Also the only one farming is me.Does that mean the entitlements may be lost? 2 other sisters get the remainder of his estate.
who will get the entitlements? and if its my sisters dont they have to fatmers or something before they can claim these?

coylemj

Eamon, I haven't a clue what an 'entitlement' is. I am not a lawyer, neither am I connected to farming so I don't understand the term, sorry.

I was the executor and did personal probate for the estate of an aunt of mine who died a few years ago, that's why I know a bit more than the average layman. You probably need to talk to a solicitor.