Farming Inheritance Disputes

The perils of informal arrangements

Farming Estates are frequently involved in inheritance disputes and the number of them is sadly increasing year on year. Disputes tend to occur within farming families because the arrangements for farms to be to pass from one generation to the next generation have been arranged informally without any documentation, and assumptions have been made which sometimes have not turned out as anticipated. These cases which involve a principle of law called ‘Proprietary estoppal’ make up a significant proportion of farming inheritance disputes.

What is Proprietary Estoppal?

This is a legal principle designed to prevent unfair situations resulting from promises made informally which are subsequently reneged upon.

An experienced team on your side

Our Disputes team have a wealth of experience of dealing with farming inheritance disputes, both in contesting and defending them. We are therefore familiar with the complexities of inheritance disputes involving farms and the difficulties encountered by those affected by them such as cash flow, low liquidity, complex business structures etc; as well as trying not to ‘kill the golden goose’ whilst the dispute is taking place, to enable the survival of a viable farm business, and in doing so preserving the livelihoods which depend on it.