Agricultural Disputes

Empty promises & other disputes

“All this will all be yours one day…” , or will it?

Inheritance disputes involving farms

Farming families sadly often find themselves embroiled in complex inheritance disputes. This is mainly because the farm itself often comprises the majority of the family’s wealth, and it is common for informal intergenerational arrangements to be made, which sometimes don’t turn out as anticipated. Unfortunately, “All this will be yours one day son.”, doesn’t always cut it when push comes to shove in the courts. The principle of law concerned with this is called ‘proprietary estoppel’ and centres around preventing unfair situations resulting from promises made informally, which are subsequently reneged upon.

Dying intestate when you are a farmer

Without any legal documentation, verbal promises are difficult to rely upon, and this can cause untold heartache when someone dies without a Will, having made promises of which there is no written proof, and the person who made the promise is no longer there to confirm or deny it. The rules of intestacy simply do not take into account the way we live now with blended families involving second marriages and stepchildren. Even if there is a Will, it may not be valid if it has not been executed correctly, so it is important to make sure that these important documents are prepared properly so that wishes are followed.

Other types of disputes affecting farmers

Other types of disputes frequently occurring within farming families relate to divorce, agricultural tenancies, properties and contract disputes as well as rights of way and sometimes intellectual property for products developed on the farm as part of diversification. There can also be disputes between members of the family (or unrelated partners in a farming partnership) during their lifetimes, which can result in difficult and sometimes disastrous consequences. These types of disputes can be assisted by having a formal partnership agreement in place which can set out what the partners agree should be done if there is a falling out.