Family law: land grab on the farm?

David Burrows reflects on the tangled legacies we leave behind

How does the court define what is to be paid out where an issue arises between family members as to how family property should be divided up or sold?
A family farm owned by parents and a son: who owns the farm on the parents’ death; and how does that affect the rights of other surviving siblings?
How much ‘undue influence’ on a parent, and the signing of her will, is needed to make the will invalid?

Cases on the varied circumstances of family breakdown, family partnership and property distribution are relatively rare; then in ten weeks, four cases arrived from the Court of Appeal, all looking at different points. First were Savage v Savage [2024] EWCA Civ 49, [2024] All ER (D) 07 (Feb) and Williams v Williams & ors [2024] EWCA Civ 42, [2024] 4 WLR 10, [2024] All ER (D) 21 (Feb), where judgments were handed down on the same day (1 February 2024). The third was Rea v Rea & others [2024]

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Family law: land grab on the farm?

Issue: 8072 / Categories: Features , Family , Property , Wills & Probate

David Burrows reflects on the tangled legacies we leave behind

How does the court define what is to be paid out where an issue arises between family members as to how family property should be divided up or sold?
A family farm owned by parents and a son: who owns the farm on the parents’ death; and how does that affect the rights of other surviving siblings?
How much ‘undue influence’ on a parent, and the signing of her will, is needed to make the will invalid?

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Family law: land grab on the farm?

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gibson Dunn—Richard Surtees

Laytons ETL—Alec Cameron