Am I intitled to more than was left to me in a will?

roundbales00

My father passed away who was a farmer and had land. It’s just me and my brother, who is also a farmer. My brother was left (in the will) 98% of the land and me the remainder. I wasn’t expecting a 50/50 split as I’m sure my Dad wanted him to continue farming but am I intitled to more as it was such a uneven devide?

Peregrinus

Not "entitled", exactly, but you can apply to court for an order giving you a greater share of the estate.

Under the Succession Act 1965 s. 17, if the court thinks that your father has "failed in his moral duty to make proper provision" for you as his child, it can order that you should get payments or property out of the estate greater than those left to you in the will.

These are not easy applications to win, and they depend on a lot of facts not mentioned in your OP. In particular they depend on whether your father had property, investments or cash other than the farm and if so how they were disposed of, and also what your father did for you while he was alive. If, say, he paid for your education and your professional qualifications or help you capitalise your business and you are now a prosperous middle-aged auctioneer, while your brother stayed home and farmed the land, your application is unlikely to succeed. On the other hand, if you left home at 17 and your father has never done anything for you, the outcome might be different.

The facts are likely to be somewhere between the two extremes. If you want to take this further I would encourage you not to post the facts here for discussion by anonymous strangers, but to go and talk to a solicitor about your prospects of success if you bring an application of this kind.

Mellor

https://www.boards.ie/discussion/2058299776/am-i-intitled-to-more-than-was-left-to-me-in-a-will

The short answer is no you are not entitled to anything.

These situations are probably the number one cause of families falling out. In some case escalating to devastating consequences.

Claw Hammer

The relevant provision is Section 117 of the Succession Act 1965. There are a myriad of factors. The court will look at how your father provided for you, what your stae of life was at his death and your brothers needs and any other provision made for him. If your father paid for your university education and you are a high earning professional and your brother left school early to work on the farm and has no relaistic prospect of earning a living, a court would be very slow to disturb the will. On the other had, if you lerft school early and have a low paing job and a disabled child to maintain and your brother is a major landholder in his own right with a massive share portfolio and property investments, then the court would be much more likely to help you out.

TooTired123

You'll have to work out for yourself wether your willing to gamble €1000s on solicitors bills pursuing this through the courts for years only for a judge to most likely side with your brother AND become totally estranged from your brother and possibly other family.

If you feel that financially/materially you are extraordinarily poor as a result of your fathers will then you can start to complain about it, but if you’re just a bit huffed over it then just forget it and move on

iniscealtra

I wouldn’t find that surprising at all. Your brother is doing the farmer and your Dad wanted to leave him land go farm. I’d be grateful for the inheritance and accept what your father wanted. Work on having a good relationship with your brother. You only have one.