Family feud erupts after brothers cut out of grandmother's £2.6million will battle own mother after claiming 'she promised it at Sunday lunch'
The brother's claim the grandmother said the farm is 'all yours'
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A family feud has erupted after two brothers were cut out of their grandmother's £2.6million will despite being promised the plot "at Sunday lunch".
John Maile went to court alongside his brother Steven Malie after their grandmother, Mary Stevens, left the 17-acre West Hook Farm near Okehampton, Devon, to her two daughters.
The dairy farm was inherited by the two brothers' mum, Ruth Malie and aunt Sheila Kempthorne.
The court heard that the brothers claimed Mary, who died five years ago, promised over Sunday lunch that the farm "will all be yours" one day.
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On the basis of the promises, the brothers worked long hours on the farm for little more than "pocket money", the pair said.
A 2011 amendment to their grandmother's previous will left the siblings equal shares of West Hook Farm.
However, she changed her mind in 2016 and left it to the brother's mother and their aunt, although they got the livestock.
The brothers claimed that there is "undue influence" used by Sheila on their grandmother and that she made a "cunning plan with her mother's solicitor to force the deceased into leaving the farm to her daughters," the court heard.
The total value of the property comes to just over £2.6million
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They also alleged that their grandmother lacked "testamentary capacity" and that there was a lack of "knowledge and approval" from her.
Ruth ended up siding with her sons against her sister Sheila, trying to overturn Mary's 2016 codicil.
However, Mr Justice Green at the High Court in Bristol threw out the brothers' case, noting John Maile's "scheming" and "intimidating" behaviour during the family's feud.
Mr Green said the case was "largely pressed by John, probably together with his mother", adding: "he is very determined to get what he believes is rightfully his and his brother's."
The court heard West Hook Farm was acquired by the family some 100 years ago, remaining as their farm ever since.
Across its pastures, fields, farmhouses, cottages and outbuildings make it worth around £2.65million.
The brothers and their mum worked the land as part of an existing partnership set up by their grandmother.
After 2016, Mary did not reinstate her grandsons as heirs to her farm, despite the judge deeming that "pressure" was applied.
The brothers were only given the livestock on the farm
| GETTYThe judge continued: "Apart from the meeting on June 2, 2016, John seems to have started to record after he had begun to converse with his grandmother, perhaps when he thought she might say something useful."
John, Steven and their mum said that Mary had told them: "I think I've done something I should not have done" in relation to cutting out her grandsons.
However, the judge explained that it was clear that the grandmother stuck with her initial decision despite pressure from John.
The judge said: "She never did try to change her will back so as to leave the farm to the claimants.
"John's displeasure at the removal of the gift of the farm to him and his brother is palpable, and I believe was felt by the deceased. 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."
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