Farm probate
Explore how we can help businesses, families and individuals with their legal requirements around farm estate planning.
Contact our teamFarm probate is the legal process of administering a deceased person’s estate, ensuring that their assets, including farmland, property, and business interests, are distributed according to their will or intestacy rules.
Given the complexities of agricultural estates—such as tenancy agreements, inheritance tax considerations, and succession planning—farm probate requires specialist legal expertise to prevent delays and financial complications. Without proper guidance, probate can lead to disputes, tax burdens, or even the forced sale of farm assets. Seeking expert legal advice ensures a smooth process, protecting the future of the farm while ensuring the wishes of the deceased are respected.
Understanding farm probate
Farm probate is the legal process of administering the estate of a deceased individual, specifically when the estate includes agricultural assets such as land, livestock, farm equipment, and machinery. This process is crucial for determining how these assets will be distributed according to the deceased’s wishes or the laws of intestacy.
Probate ensures that the farm’s assets are transferred to the rightful beneficiaries and that any debts, taxes, or liabilities are settled. It involves verifying the validity of the will, ensuring all relevant taxes are paid, and distributing the farm’s assets in a fair and legal manner.
Sarah Jordan
Partner | Real Estate, Landed Estates and Farming, Rural Services
IHT: guidance for businesses & families
At Moore Barlow, we’re not just legal advisers—we’re passionate partners deeply connected to rural communities and the issues that matter. Inheritance Tax (IHT) planning is close to our hearts and our rural law experts can support you, your business, and your family with tailored guidance.
Why does farm probate matter?
Proper farm probate is essential for ensuring that a farming business continues to function smoothly after the owner’s death. Without this process, ownership and control over farm assets may become unclear, leading to disruptions in the farm’s operations and possibly long delays in transferring the estate. Farm probate also ensures that the wishes of the deceased are respected and can prevent potential legal conflicts between beneficiaries. For farm owners planning to pass their business to the next generation, probate ensures that agricultural assets are transferred without unnecessary complications, maintaining the business’s viability.
How can we assist with farm probate?
The process of farm probate can be complicated, especially when it involves agricultural assets, which may include land, machinery, livestock, and farm business interests. Our team is experienced in navigating these complexities. We provide expert guidance throughout the entire probate process, ensuring that all agricultural assets are accounted for and transferred according to the deceased’s wishes or legal requirements. We handle the necessary paperwork, manage any tax obligations, and ensure that the farm’s assets are passed on smoothly to the next generation or other designated heirs.
We can also offer support when issues arise, such as disputes between beneficiaries over farm assets, or issues regarding agricultural tenancies and land inheritance. Our goal is to simplify the probate process, resolve any complications, and help safeguard the future of the farm business.
Our team of rural solicitors
Charlotte Brackley
Partner | Real Estate, Landed Estates and Farming, Residential Property, Rural Services
Julian Parkes
Partner | Commercial Property, Real Estate, Landed Estates and Farming, Rural Services
Sarah Jordan
Partner | Real Estate, Landed Estates and Farming, Rural Services
Nellie van der Lande
Senior Associate | Commercial Property, Real Estate Finance, Rural Services
Louise Williams
Associate and Notary Public | Landed Estates and Farming, Notarial Services, Rural Services
Megan Smith
Senior Paralegal | Landed Estates and Farming, Rural Services
What we do for you
We help clients manage the probate process by ensuring that agricultural assets are dealt with correctly. This includes valuing land and machinery, managing the transfer of agricultural property, and providing advice on potential inheritance tax issues. We also work to resolve disputes and ensure the continuity of the farming business. Our experience in agricultural law helps us protect your interests and ensure the farm’s future operations remain stable.
Get in touch today
Farm probate can be a challenging process, but with the right legal support, it can be handled efficiently and effectively. Contact us at Moore Barlow today to discuss your farm probate needs. Our experienced team will guide you through every step of the process, ensuring that your farm’s legacy is properly managed and that the estate is settled in accordance with the law.
Contact our rural law team
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