• March 28, 2024
 Deceased farmer’s estate sold in spite of will disputes

Deceased farmer’s estate sold in spite of will disputes

A woman who befriended an elderly farmer and was made sole beneficiary, has been allowed to sell the bequeathed farm against the wishes of his children.

The testator, Arnold Seals, suffered from depression as a result of his wife’s death and committed suicide last year. He had also developed a close bond with Florence Williams — a childhood friend.

Following his death, it was revealed that a new will had been executed in 2011, where Seals left his entire estate to Williams. He subsequently removed his children from the will and it was noted in a supporting letter that he had lost touch with them after their mother died.

The three Seals children notified Williams that they would be making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 and asked for the sale of the estate to be postponed.

Their wished were rejected by Williams, however the Seals then applied for a caution against the first registration of the farm, with the Land Registry. The farm had never been registered, as it had been with the Seals family for many years.

Also in response to Williams’ refusal of their request, the Seals expanded their claim on the estate, as well as questioned the validity of the will. They raised issues regarding mental capacity and influence, but none of these had been tested in court.

Williams applied to have the caution removed at the England and Wales High Court. She and other owners of the farm, who were part of the Seals’ family, had plans to put the farm up for auction.

The High Court judge raised the matter of the Seals not intending to use or live on the farm, and stated their motives were wholly financial.

According to the judge, if the caution wasn’t cancelled, the estate could not be sold. As the Seals’ claims could have been granted, the question was raised as to the consequences of cancellation with the Land Registry.

If granted, the caution could lead to loss if equity and interest would be incurred. The judge deemed the Seals as unable to cover loss of earnings, however if the value depleted as a result of cancellation, Williams had the funds to compensate.

The judge also took into consideration the farm’s co-owners within the Seals’ family.

As the Arnold Seals’ children had not commended their contentious probate litigation, the judge granted cancellation of the caution and advised each party to seek mediation for further challenges regarding the will.

 

Heather Cameron