Five Things Farming Families Need to Know About Contentious Probate

1. The Ownership of Farm Assets Is Not Always Clear

One of the most common and complex issues in farming inheritance disputes is determining what assets belong to whom. It is not always clear whether land, machinery, or livestock belong to the farming partnership, to an individual, or to the estate. Sorting out ownership is often the first and most contentious step.

2. Verbal Promises Can Give Rise to Legal Claims

Farming is often a lifelong commitment passed down through generations, and it is not uncommon for children or family members to work on the farm for many years based on informal assurances, such as being told “one day it will all be yours.” The law may allow them to enforce that promise, even if the will says otherwise.

Under a legal principle known as proprietary estoppel, these types of verbal promises can, in some circumstances, be enforced, regardless of what is written in a Will. If a person has relied on such a promise to their detriment, for example, by giving up other employment opportunities, they may be entitled to a share of the farm or compensation. These claims are highly fact-specific and can be emotionally and legally complex. Early legal advice is essential to assess the risks.

3. Dependants May Have Rights Beyond the Will

Even if a Will appears to be valid, it does not necessarily mean it is the final word on who receives what. 

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can claim they have not been left "reasonable financial provision", including: 

• Spouses or civil partners. 
• Children (including adult children).
• Cohabitees.
• Anyone financially dependent on the deceased. 

This is particularly relevant in farming families, where one child may inherit the bulk of the business, while siblings or dependents feel unfairly excluded.

4. Agricultural and Business Property Relief Do Not Prevent Disputes

While Agricultural Property Relief (APR) and Business Property Relief (BPR) can reduce inheritance tax on eligible farming assets, these reliefs do not stop family members from challenging a Will or trust. Tax planning and dispute avoidance are separate issues. A Will can still be contested, and claims may still arise, regardless of how tax-efficient the estate plan may be.

5. Early Legal Advice Can Protect The Farm and The Family

Farming probate disputes can quickly drain estate resources, damage family relationships and the long-term viability of the farm. Taking advice as soon as tensions arise often helps find a practical solution before positions become entrenched.

How We Can Help

Our specialist contentious probate team understands the unique pressures facing the agricultural sector.  We work closely with farming families, land agents and rural professionals to resolve conflicts efficiently.  

Contact Our Experts

If you are facing a potential dispute or wish to review your succession plan, contact Lucy Mignot: 

• Telephone: 01305 217303
• Email: lucy.mignot@blanchardsbailey.co.uk 
• Web: Visit our Agricultural Probate Disputes page for further information.