Sam James, 60, claimed he worked long and hard for his father throughout his career on the ‘promise’ that one day the hundreds of valuable acres at Pennymore Pitt Farm, near Gillingham, Dorset, would be his
A farmer’s son who devoted his entire working life to his father’s farm has been left with nothing after a court ruled his elderly mother and sisters should have the £3million estate.
Sam James, 60, claimed he worked long and hard for his father throughout his career on the ‘promise’ that one day the hundreds of valuable acres would be his.
But when his father Allen James died aged 81 in 2012 he was ‘completely cut out’ of the will, which instead gave his fortune to his mother Sandra, 79 and sisters Karen James, 58, and Serena Underwood, 58.
He contested it, claiming he was promised the land, but the High Court in London has ruled Mr James was well within his rights to leave his son out of his fortune.
In a judgement published yesterday, Judge Paul Matthews said: ‘In my judgment, Sam’s eagerness to inherit the farmland from his father has caused him to persuade himself that he was being promised something when he was not. Allen James did not intend his words in that way, and did not intend them to be relied upon subsequently by Sam.
‘It is not consistent with the image of Mr James as someone who kept everything in his own hands and did not confide in others.’
The court heard Sam James left school early and worked for the family business on Pennymore Pitt Farm, near Gillingham, Dorset, for nearly 35 years.
The court heard Sam James left school early and worked for the family business on Pennymore Pitt Farm (pictured from above), near Gillingham, Dorset, for nearly 35 years
He was an ‘absolute grafter’, who ‘worked his socks off’, said his barrister, Penelope Reed QC, during the case.
He worked increasingly hard as his dad grew older, eventually becoming the ‘driving force’ of the business, she claimed.
Mr James said that in 2004 his father, a ‘frugal’ man, gave instructions to his solicitor to draw up a will giving the hundreds of acres of lands, cows, sheep and farm buildings to him.
But his mother, who lives in a farmhouse on the land, ‘took exception to it’ and the document was never executed, Miss Reed said.
She claimed the farm should have been Sam Allen’s due to his father’s ‘assurances’ that he would inherit it.
And she said the ultimate will that disinherited him was signed when the elderly farmer lacked the legal capacity to make a valid will.
He contested the will inheriting everything to his mothers and sisters, claiming he was promised the land (pictured), but the High Court in London has ruled Mr James was well within his rights to leave his son out of his fortune
Dismissing Sam’s claims, Judge Matthews said: ‘I do not doubt that he believed that he would inherit the farm when his father died.
‘I also accept that the defendants were aware, at least in general terms, of Sam’s belief, even if they did not agree with it.
‘But I am not satisfied that Allen James ever made any promise or assurance to give or leave Pennymore to him.
‘On the contrary, as Sam also said, Mr James did not make promises to transfer property.’
Mr Allen Jnr had not worked for nothing in the family business, where he was particularly involved in their haulage firm, the judge added.
On the contrary, he had been made a partner and, when the partnership ended, he walked away with the haulage business, some land and £200,000 cash.
As a younger man, he had also worked on the farm for pay at the ‘going rate’, the judge continued.
When Sam’s father Allen James died aged 81 in 2012 he was ‘completely cut out’ of the will, which instead gave his fortune to his mother Sandra (pictured far left), 79 and sisters Karen James (centre left), 58, and Serena Underwood (right), 58
His father had bought him cars, described in the accounts as ‘bonuses’ which were several times greater than his annual salary.
And he and his family had also been able to live rent-free on part of his father’s land, he added.
Upholding the will, the judge said the way the estate was divided up was ‘rational and balanced’.
Sam Allen had already received valuable land and cash from the dissolution of the family partnership and his father ‘appreciated that the balance needed to be redressed between the three children’.
Judge Matthews added: ‘I accept that Allen James suffered from memory loss and confusion from time to time, and even some irrational behaviour.
‘But there is also considerable evidence of normal behaviour and rational thought.’
The judge dismissed Sam James’ claim to the farm and to overturn his father’s will.