Farm given to one of the three children, is this allowed?

Questioner

Parents have a farm and the family consists of 3 children. After the mother dies, the will is read and it appears that the company was donated to a child and that the other 2 children knew nothing about this. After the father dies, who is still alive, the rest of the money that the father still has at that time will be divided among the three children. The question is whether this is legally possible or do the other 2 children perhaps have more right to a part of the company or should they be bought out by the child who received the company? Is it possible to give a company as a gift to a child while there are 3 children?

Lawyer

There are still some questions open. For example, whether your parents were married in community of property. And also, if the mother donated the farm, was that farm hers or also your father's? Your question whether a donation to one of the children is possible must generally be answered with yes. But that does not mean that the other two children are left out. They also have a right, at least the so-called legitimate portion. To be able to see it properly I need quite a bit, at least mother's will. I would like to help you further and I also have knowledge and experience in this. But that is not possible within this site and also not for free. For that we have to have further contact with each other and then I also need some documents, I already mentioned the will. It seems that the proceeds justify the costs. If you feel like it, we can consult further. Please write that to my email address: vanderkolk@arsjuris.nl, preferably with your telephone number. My office is located in Welsum, which is a stone's throw from Deventer.