McHale & Co Solicitors warn farming families over estate planning pitfalls

For many farming families, succession planning often gets pushed to the bottom of the list. Running the farm takes priority, and talking about inheritance can feel uncomfortable. But putting it off can lead to costly mistakes, disputes, or leaving loved ones without security.

Catherine McCindile of McHale & Co Solicitors, specialists in estate planning for farming families, has highlighted seven of the most common misconceptions she comes across:

1. “I don’t need a will – everything will automatically go to my spouse.”

Not true. Without a valid will, the law of intestacy determines who inherits from your estate. Your spouse may not receive everything, especially if you have children. That could leave your husband or wife without full financial security or certainty, or force the farm into shared ownership between them and the next generation.

2. “All the children should inherit equally – that’s the fairest way.”

Equal shares are not always fair or practical. If one child is running the farm and others are not involved, splitting the land equally can create deadlock, disputes, and pressure to sell assets; affecting the functionality of the farm. A fair solution might involve leaving the farm to the farming child and providing other assets or life policies to non-farming children.

3. “Inheritance tax won’t affect us – farms are exempt.”

Many agricultural assets may qualify for Agricultural Property Relief (APR) or Business Property Relief (BPR), but the rules are complex, and with changes on the horizon, forward planning has never been more important. With the right advice, we can help you maximise the reliefs available and safeguard the farm for the next generation.

4. “A power of attorney is only for the elderly.”

Farming is physical and unpredictable, a workplace accident could happen at any age. A Lasting Power of Attorney ensures someone you trust can make business and financial decisions if you are incapacitated temporarily or more permanently. Without one in place, your family may face costly and arduous delays just to keep the farm running.

5. “I’ve told the family what I want – that’s enough.”

Verbal promises carry no legal weight. Unless your wishes are written into a valid will or trust, they may be ignored. Worse, family members might interpret your words differently, leading to disputes. Legal documents provide certainty and protection.

6. “Estate planning is only about what happens after I die.”

It’s just as much about what happens during your lifetime. Planning can protect assets if you go into care, allow you to hand over responsibilities gradually, or create trust structures that keep the farm intact while still providing for different family members.

7. “It’s too early to think about succession.”

In reality, it’s never too early. Illness, accidents and unexpected changes can strike at any time. Early planning gives you more options and avoids rushed decisions in a crisis. It also helps the next generation feel confident about their role in the future of the farm.

Protecting Your Farm, Protecting Your Family

The family farm is more than just land and buildings – it’s a legacy. But protecting that legacy requires more than hard work in the fields; it needs careful legal planning too.

At McHale & Co Solicitors, we’ve been working with farming families for over 25 years. Our specialist private client team understands Agricultural Property Relief, Business Property Relief, trusts, and the family dynamics that can make succession planning complex.

If you’d like to review your estate planning or simply have a confidential chat about your options, please get in touch.

McHale & Co Solicitors

Speak to a member of the Private Client team on 0161 928 3848 or email us at mch@mchaleandco.co.uk

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This article is for general information only and does not constitute legal or tax advice. Inheritance Tax laws, including APR and BPR, are subject to change, and the impact will vary depending on individual circumstances. You should always seek professional advice before making decisions about your estate or financial planning.