Feb 01 2009

Intestate Somerset farmer leaves a right mess!

David Thorner, 58, from Wookey, near Wells, worked unpaid for his father’s cousin, Peter Thorner, at Steart Farm, Cheddar, for 30 years. For 15 years David also helped care for his then frail relative. Peter died intestate in 2005 having revoked an earlier will under which David would have inherited the farm.

Last year Judge John Randall QC found in favour of David Thorner’s plea that Peter was bound by conscience to leave him the 200-acre estate. The Judge ruled that Mr Thorner should inherit the farm worth over £2 million and Peter Thorner’s sisters and niece should share £750,000.

The Appeal Court reversed the decision, awarding the whole estate to the sisters and niece. Lord Justice Lloyd commented that the source of the dispute rested with Peter’s failure to make another will before he died.

Now before the House of Lords. Mr Thorner asked the Lords to rule he should inherit the farm, as he would have done under the original will.

Papers before the Lords indicated that Peter Thorner gave David Thorner “unstinting help” over the years. He never received money for his work and lived with his parents until they died with his only income being the pocket money they gave him.

The hearing continues and will focus on complex arguments over the laws of intestacy.The decision make take some weeks.

One thing is clear, having no valid will has caused a lot of anxiety for all parties and created a lot of lucrative work for the probate lawyers. A right Somerset mess!

If you would like to arrange a consultation please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

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