Farming – December 2025

Probate disputes over family farms are particularly complex and emotionally charged, stemming from the unique nature of agricultural businesses.

A farm is often a family’s legacy, a home, and a business rolled into one, involving multiple generations, high-value assets, and often unclear succession plans.

Anthony Reed, Associate, Contentious Probate at Ware & Kay Solicitors in Malton, York and Wetherby outlines the common causes of farm-related probate disputes and explains how best they can be tackled and prevented.

When a farm owner dies, disagreements can arise from a range of issues, even when a will exists. Common triggers for farm probate disputes include:

● Broken promises (proprietary estoppel): It is common for a family member to dedicate years of labour to the farm, often for little pay, based on a verbal assurance that they will one day inherit the property. If the deceased’s will does not honour this promise, a claim can be made against the estate.

● Will validity: The legitimacy of a will can be challenged on grounds of the deceased’s mental capacity at the time it was made, allegations of undue influence from another person, or a failure to follow legal execution requirements.

● Unfair distribution: When one child inherits the farm while other non-farming siblings are left with significantly less, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 can be made. This is based on the argument that the will does not make reasonable financial provision for a spouse, civil partner, child, or financial dependant.

● Lack of a partnership agreement: Many family farms operate as informal partnerships. Without a clear, written agreement outlining what happens upon a partner’s death, disputes can arise over asset ownership and the future of the business.

Resolving probate disputes

Negotiation and mediation are often the preferred methods for resolving farm-related probate disputes, as they can help preserve family relationships and the farm’s viability.

Mediation involves an impartial third party helping the family reach a mutually acceptable agreement.

his approach allows for more flexible solutions than a court might provide, such as granting a sibling occupancy rights or devising a financial settlement that does not require the sale of the farm. It is also less emotionally draining and more cost-effective than litigation.

If mediation fails, your solicitor will work hard to resolve the dispute through negotiation but, if the dispute cannot be resolved through alternative dispute resolution, you may have no choice but to take the matter to court.

In disputes involving proprietary estoppel, courts can order the transfer of promised property like a farm or business, a financial settlement, or grant interests such as leases or beneficial interests in the property.
Under the Inheritance Act, they can alter estate distribution, order lump sums or periodical payments, transfer specific assets, or order the acquisition and transfer of property from the estate if a will does not make reasonable financial provision.

Challenges to a will’s validity meanwhile, can lead to court orders declaring the will invalid, issuing or revoking grants of probate, or removing caveats that block probate.

Minimising the risk of probate disputes

Prevention is better than cure and the best way to ward off probate disputes in a farming family is through proactive and comprehensive succession planning.

This involves drafting a clear and up-to-date will and creating a formal partnership agreement that explicitly states what happens upon the death of a partner.

Honest communication is vital, ensuring all family members are aware of their potential inheritance and managing expectations to prevent resentment.

Seeking professional advice from solicitors who specialise in agricultural law and succession planning is critical to anticipating potential conflicts and using tools like trusts to secure the farm’s legacy and ensure clarity for future generations.

For more information please contact Anthony Reed, Associate, Contentious Probate on Malton 01653 692247 or email law@warekay.co.uk.

For the farming community it was disappointing not to see any change in the Autumn 2025 Budget to the shock IHT bill that been had announced by the Chancellor in the Autumn 2024 Budget.

There was a small inheritance tax concession for farmers in the Autumn 2025 Budget, one year on from the announcement of a cap on Agricultural Property Relief (APR) and Business Property Relief (BPR) in the Autumn 2024 Budget.

Any unused £1 million allowance for 100 per cent APR and BPR can be transferred between spouses or civil partners, even if the first death occurred before 6th April 2026, meaning a combined allowance of £2 million for married couples.

But the move is a ‘very slight concession’ that would still leave family businesses and farms facing huge bills when the owner dies.

The £325,000 nil rate band and £175,000 residence nil rate band will remain frozen until April 2031, possibly meaning fewer beneficiaries as time goes on due to inflation and increases in property values, along with the £1 million agricultural property relief and business property relief allowance.

Here is a reminder on the proactive steps farming families can consider and act on before 6th April 2026 to plan and take steps to lessen the financial burden on your family.

Our goal is to save each farming family in Inheritance Tax (IHT) by taking the following steps with us:

● Getting an up-to-date will in place: Ensure your wishes are clearly defined and legally binding.

● Establishing a Written Partnership Agreement: Protect your business interests and clarify roles and responsibilities.

● Transferring Land: Optimise land ownership for tax efficiency and succession planning.

● Considering Discretionary Trusts: They provide flexibility and control over asset distribution.

● Gifting to children: Strategically transfer assets to the next generation.

● Reviewing Joint Ownership: Assess and adjust ownership structures for Mr. and Mrs.

● Setting up Lasting Powers of Attorney (LPAs): Safeguard your decisions in case of incapacity.
The saving can be £200,000, sometimes more, sometimes less.

You will need to seek individual legal advice to work out what the best option(s) for you and your family are.

Planning for the Future

It is more important than ever for you to discuss your plans for the future with the next generation and then work with all your advisers, solicitors, accountants, and land agents, to work out the best strategy for your family.

Regular thought and action will be more valuable to you and your family than ever.

We would be happy to meet up with you to listen to your personal circumstances and help find the option that suits you and your family the best.

Don’t wait until it’s too late. Secure your farms future today.

Contact us to learn more about how we can support you in navigating these critical legal matters. Reach out to Emma Morris, Private Client solicitor and Amy Clarkson, Rural Property law solicitor on 01653 600070 for help and advice if you are involved in a family farming business, your family’s legacy could depend on it.

Let us know if you are a NFU member as you may be able to benefit from the offers they have in place to contribute towards the cost of making or updating documents.