When dealing with post-death intentions – if it’s not written down, it might not happen

However, the partnership accounts were ambiguous and at no time during the partnership’s near 40-year history had any kind of agreement been drawn up.

At the centre of the dispute was a bungalow on the farm. Malcolm and his wife, Abigail, had been living in the bungalow since 1988, but if this was ruled to be a partnership asset, Gregory could be entitled to a share of it as one of the partners.

Intentions

The court had to decide Ben’s intentions without the help of any partnership agreement or mention of the bungalow in his will.

Instead, it had to do so largely by relying on witness statements from people recounting events which happened between 15 and 40 years ago, with many of those witnesses having a substantial interest in the outcome of the case.

What this case highlights is the importance of getting your affairs in order and your wishes clearly understood to avoid this kind of damaging scenario.

With a clearer statement of his intentions, Ben could have avoided the lengthy and costly litigation that his sons went through in deciding these issues.

A formal partnership agreement – and clear records – or even a Letter of Wishes accompanying his will, could have clarified matters.

It would have been a clear indication that he did not consider the property to be owned by the partnership, and it would therefore have been left to the people he wanted to receive it.

Fortunately for Malcolm and his family, the judge ruled that the bungalow was not a partnership asset on the facts.

When dealing with your post-death intentions – if it is not written down, it might not happen.

This is one of the best reasons for making a will.

It shows the people dealing with your property and assets what you want to happen. Not only does this mean your intentions take effect, it helps avoid family or friends arguing over what your intentions might have been.