In the agricultural world, land is more than just property - it’s heritage, livelihood, and identity. For many farming families, the passing down of land through generations is expected but not always properly formalised.
Inheritance disputes involving farmland often carry deep emotional and financial stakes.
They’re not just about who gets what; they’re about legacy, history, and years of unpaid labour or sacrifice. When expectations clash with the contents of a Will – or the Intestacy Rules where no Will exists - inheritance disputes can quickly escalate, straining family ties and threatening the future of the farm itself.
Given the complexities of inheritance disputes, early solicitor involvement is crucial.
At Myerson, we strive to preserve family relationships and the farm's well-being by fostering collaborative thinking. Although recourse to the court is sometimes necessary, we always consider the suitability of Alternative Dispute Resolution (“ADR”).
What Is Alternative Dispute Resolution?
ADR refers to methods of resolving legal disputes without going to court. The most common form of ADR is mediation.
Why Mediation in Farming Inheritance Disputes
Farming disputes can be particularly fraught when one child has worked the farm full-time while others have moved away, or where one child has been verbally promised that they would inherit and relied on that promise to their detriment.
Court proceedings in these cases can be expensive, tiring and can permanently fracture family relationships. They also take place in a far more public arena than would be desirable for most families.
That’s where mediation comes in.
A neutral third party (the mediator) helps the disputing parties come to a mutually acceptable agreement. Mediation is confidential, voluntary, and collaborative, making it especially useful for families looking to preserve relationships.
Mediation allows for creative solutions that a court might not be able to offer, such as one sibling keeping the farmland while others receive a financial settlement or a lifetime occupancy agreement. Most importantly, mediation offers greater certainty that farming operations can continue without the risk of assets required for business being divided by court order.
Recent changes to Inheritance Tax
The recent changes to Inheritance Tax law in the agricultural sector have resulted in mediation having an even bigger role in disputes relating to farming assets.
Mediation allows all parties to consider the most tax-efficient resolution, whether that involves maximising Agricultural Property Relief and Business Property Relief or exploring strategies such as gifted transfers.
Contact Our Agricultural Team
Our agricultural team are proud to have been ranked “Tier 1” in the Legal 500. When it comes to farming disputes, we craft bespoke solutions tailored to the unique needs of a family farm.
Inheritance disputes in farming families don’t have to end in bitterness or courtrooms. With the right legal advice and a willingness to explore alternatives, families can protect both their relationships and their legacy.
If you are facing an agricultural inheritance dispute - or want to avoid one - our team is here to help guide you through every step of the process, with sensitivity and practical advice.
0161 941 4000
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Katie Hayes
Senior Associate
Katie is a Senior Associate in the firm’s probate litigation department, advising clients on a wide range of contentious private client matters.
Her expertise includes will and probate disputes, claims under the Inheritance (Provision for Family and Dependants) Act 1975, trust and estoppel disputes, and claims under the Trusts of Land and Appointment of Trustees Act 1996.
About Katie Hayes