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Unfulfilled Conditions on Inheritance

My brother inherited the farm and hasn’t fulfilled the conditions. What can be done?

It depends on what the conditions are and how they are expressed in the will. 

If the will imposes what are called “conditions precedent”, in other words that your brother has to do A, B and C before he is entitled to inherit the farm, then he is not entitled to inherit the farm until he takes the steps as directed.  If something happens that he is never likely to fulfil the conditions then there should be a mechanism in the will to effectively disinherit him.  If there is not the High Court would have the power to make an order in the case.

If the conditions are not “conditions precedent”, for example if there is a simple obligation for the brother to pay money, then whoever benefits from that money would be entitled to take a case for the payment of the money and ultimately that might or might not necessarily involve the forced sale of the property – it all depends on how much is involved and what the conditions are.

Given that your brother probably has his own Solicitor and that the estate would have separate legal representation through the executor it would be wise to get a copy of the will and bring it to your own Solicitor for discussion.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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