Brothers lose £2.65m inheritance battle after grandmother changed her will

Two brothers have lost their High Court claim for a share of their family’s £2.65 million Devon farm after their grandmother left the property to her daughters instead.

John and Steven Maile said their grandmother, Mary Stevens, had promised them the farm and that they had worked long hours for little more than pocket money on the mixed arable and dairy business.

The brothers had been left the livestock in earlier wills, and then Mrs Stevens made a 2011 codicil giving them the farm as well. In 2016, however, she changed her will again so that the farm passed to her daughters — Ruth Maile, the brothers’ mother, and their aunt, Sheila Kempthorne — while the brothers retained the livestock.

John and Steven challenged the 2016 codicil, arguing that their grandmother lacked mental capacity, did not know and approve of the document, and had been unduly influenced by their aunt. They also claimed that assurances had been made to them over the years that they would inherit the farm.

Sitting in Bristol, Mr Justice Michael Green rejected the claims, ruling that there was no evidence of any binding promise or improper influence.

“I do not detect that there was some cunning plan by Sheila, even less so by [Mary’s solicitor], to persuade the deceased to move away from the 2011 codicil,” he said. “In summary, I find that there were no clear and unequivocal representations or assurances that the deceased would be leaving the farm to the claimants in her will.”

The judge said that Mrs Stevens had stood firm in her decision to leave the farm to her daughters despite her grandson’s objections.

“She never did try to change her will back so as to leave the farm to the claimants,” he said. “She was already sensitive to John’s unhappiness with the situation, but I think she knew what she was doing. She was saying things to placate her grandson but had no intention of changing her mind.”

Mr Justice Green described the brothers’ claim that they had worked only for pocket money as “misleading”, noting evidence that they had built up “substantial savings”, most of which had been invested in the family partnership.

He also dismissed allegations of undue influence involving the family’s solicitor, calling the suggestion “extraordinary” and adding that the insinuations of “deviousness” against Sheila “should never have been made”.

The court upheld the validity of the 2016 and 2017 codicils and ordered John, Steven, their parents Ruth and Peter Maile to give up possession of the farm to Sheila Kempthorne, as executrix of the estate.

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