FARM INHERITANCE AND SUCCESSION DISPUTES

Our market-leading Agriculture Litigation team have acted for farming clients in farm inheritance and succession disputes in the High Court, Court of Appeal and Supreme Court.

This includes Proprietary Estoppel claims which are an extremely niche and evolving area of law. It is therefore essential that the solicitors acting for you are specialists in this area.

We understand the intricacies of these disputes. This comes from our experience of handling inheritance and succession claims concerning hundreds of millions of pounds worth of farmland all over the country. We have seen many trials before many senior judges and we are therefore well placed to know which strategies work, why and when.

Appointed by the National Farmers Union as panel solicitors for more counties than any other firm in the country, we understand the importance of inheritance and succession to rural and agricultural businesses and their families.

You can be confident being represented by our Agriculture Litigation team, ranked in ‘Band 1’ and the ‘Top Tier’ by the leading legal directories.

We are also the sole appointed legal advisors to the ‘Business Clinic’ in the industry leading publication ‘Farmers Weekly’.

KEY CONTACTS

Russell Reeves

Partner 0117 930 9598

Robert James

Partner 0117 374 9614

EXPERTS IN AGRICULTURE AND LITIGATION

Many farms have been within families for multiple generations. Whether you have devoted your entire working life to the farm on a promise that one day it would be yours, or are facing a claim that someone has, we can help you.

Whether you are a farmer, beneficiary, executor, trustee or administrator, we draw on our considerable experience to advise you. We know inheritance can be a highly sensitive area and our specialists will work strategically and thoughtfully to protect your interests.

If you have concerns about the validity of a will, suspect abuse of Powers of Attorney, have been left out of an estate or are dissatisfied with the way it has been administered, we can provide you with specialist support and advice.

We invest time in learning about your family circumstances and what you are trying to achieve. If court proceedings are necessary, then we adopt a thorough and rigorous approach. However, we can also guide you to an early conciliatory settlement through alternative dispute resolution including mediation, arbitration or expert determination.

  • Successfully representing an appellant farmer in the Court of Appeal, on the issue of equitable relief, in a proprietary estoppel claim concerning promises about the inheritance of farmland worth over £10m (Moore -v- Moore [2018]). The case involved allegations of mental incapacity including diagnosis by a renowned expert psychiatrist and allegations undue influence.
  • Successfully represented a farming son in a High Court proprietary estoppel claim involving farm land and assets worth £8-10m. The dispute centred on a 650-acre farm in Oxfordshire. The case was successful following seven-day trial in the High Court of Justice, Chancery Division. (Gee -v- Gee [2018]).
  • Acting for a farming son with mental disabilities on a claim against his deceased father’s farming estate worth over £10m for financial provision under the Inheritance (Provision for Family and Dependents) Act 1975.
  • Acting for two farming daughters in a claim for undue influence against their brother who had unduly influenced their mother into transferring important farmland to him at a significant undervalue. The case involved issues of mental capacity resulting in assessment by a psychiatrist and a claim in proprietary estoppel. Settled successfully following a one-day mediation.
  • In a contentious probate dispute between executors and beneficiaries, successfully acting for one of the executors in a multi-million-pound claim in the Chancery Division of the High Court for a declaration that occupation of a farm house was subject to a protected tenancy and for sale and distribution of the deceased’s estate subject to that tenancy.
  • In a £4m dispute between a deceased’s executors and trustees, acting for two executors in ‘Beddoe’ proceedings in their making of a claim under CPR Part 8 for payment of their personal legal costs from the deceased farmer’s assets relating to the defence of a co-executor’s proprietary estoppel claim.
  • Successfully settled a contentious trust and probate claim at mediation (and thereby avoided a final trial in the High Court in London) in the defence of trustees who faced an application for their removal as executors and trustees.
  • Winning a claim at trial, worth over £100,000, on behalf of a farmer against his former girlfriend under the Trusts of Land and Appointment of Trustees Act 1996.

Our expertise in this area encompasses:

  • Capacity issues
  • Challenging a Will
  • Court of Protection
  • Farming families
  • Inheritance disputes
  • Issues with the administration of an estate
  • Misuse of a Power of Attorney
  • Professional negligence claims in respect of poorly drafted wills
  • Proprietary estoppel
  • Trust disputes
  • Undue influence

Industry Accreditations

We have strong ties to the following:

 

Acting as National Farmers Union panel solicitors for more counties than any other law firm in the country, we have strong ties to the following:

  • Agricultural Law Association 
  • British Institute of Agricultural Consultants
  • Central Association of Agricultural Valuers
  • Country Land and Business Association
  • Royal Institution of Chartered Surveyors
  • Tenant Farmers Association

We are also proud to be the sole designated legal contributor to the Farmers Weekly Business Clinic.

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NFU Members

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As an NFU Panel Firm we offer NFU Members a 12.5% discount on our fees for qualifying cases and if you subscribe to the NFU’s Legal Assistance Scheme further funding from the NFU may be available.


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