Widow loses fight for better will payout from farm

A FARMER’S widow has lost a landmark bid to increase her provision from her husband’s will more than ten years after his death, with a High Court judge ruling she left it too late.

Mary Sargeant and her husband Joe were married for 45 years and he set up a trust with the intention she would be a “wealthy woman” after he died.

But he also expressed his wish to see his Northamptonshire farm, estimated to be worth up to £8m, preserved for his daughter Jane and her family.

However, a number of disagreements arose between mother and daughter in the years after his death in 2005.

Mrs Sargeant was left in financial difficulties and claimed her income was not enough.

However, Jane believed her mother was spending too much and should rely on her own savings to cover any shortfall.

Both women were against the idea, suggested by the family’s solicitor, that some of the land should be sold as the trust was “capital rich but cash poor”.

Mrs Sargeant eventually launched proceedings, more than ten years after her husband died, arguing that she should receive more from the estate.

Her lawyers said she had not been aware of the financial implications until more recently.

They argued she should be entitled to more money, despite the usual six-month limit on such a claim having long passed.

But, rejecting her claim at the High Court in Birmingham, Judge David Cooke said it was “impossible” to believe she had not realised her predicament sooner.

The judge said she intends to bring further legal action relating to her provision from the will.