Legal News | 22.07.26
Why a Comprehensive Will Matters for Farmers and Agricultural Families
During the Agricultural and Landed Estates Team’s time at this year’s Cereals Event at Diddly Squat Farm, one theme emerged throughout: planning for the future. Discussions with farmers, landowners and rural business owners repeatedly focused on succession planning, protecting family interests and ensuring the longevity of agricultural businesses.
Whilst tax planning and business structures are notable considerations, one of the most valuable means to protect your family and your assets is a carefully drafted Will.
Recent media coverage surrounding Jeremy Clarkson’s health, including his heart health concerns and diagnosis of an aggressive form of prostate cancer, serves as a timely reminder that unexpected illness can affect anyone. Fortunately, early detection enabled treatment, but circumstances like Clarkson’s emphasise the significance of setting out plans sooner rather than later.
For farming families and landowners, passing away without a valid Will can have far-reaching consequences. Where no Will exists, the distribution of an estate is determined by the intestacy rules, with no consideration of an individual’s personal wishes or family circumstances. This can produce unintended outcomes and place significant additional stress on loved ones at an already difficult time.
A comprehensive Will should also consider those who are financially dependent on you. Under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), specific individuals may be entitled to bring a claim against an estate if they believe reasonable financial provision has not been made for them. Potential claimants can include spouses, civil partners, former spouses, cohabitees, children and, in some circumstances, other individuals who were financially maintained by the deceased.
Claims brought under the 1975 Act form part of the wider area of contentious probate and can become a source of costly and emotionally challenging disputes following a death. Whilst no Will can completely eliminate the possibility of a claim, taking professional advice and ensuring that your wishes are clearly documented can significantly reduce the risk. Careful drafting, supported by a thorough understanding of your family circumstances, can help demonstrate that appropriate consideration has been given to any dependants and strengthen the overall effectiveness of your succession planning.
This is especially important within the agricultural sector. Farms and landed estates are often valuable assets that families wish to preserve for future generations. A dispute following a death can create uncertainty, place financial strain on a business and potentially undermine carefully considered succession arrangements.
A Will is about far more than deciding who inherits your assets. It provides an opportunity to protect those who depend on you, safeguard family relationships, preserve the future of your farming business and reduce the likelihood of disputes after your death.
Whether you are reviewing an existing Will or considering putting one in place for the first time, our Agricultural and Landed Estates Team is on hand to help ensure your wishes are properly protected for generations to come.
