Farm Inheritance Disputes: Can You Challenge Who Inherits the Farm?

A farm inheritance dispute can raise questions that go well beyond what a Will says. Someone may have worked on the farm for years believing they would inherit it, while the land, farmhouse or business assets may be owned in ways the Will does not make clear. When family members disagree, it is important to establish what was promised, what belongs to the estate and what evidence is available.

This article looks at the grounds for challenging a farm inheritance, the steps to take if assets may be sold, and how a dispute might be resolved while the farm continues to operate.

Can you challenge the inheritance of a family farm? 

Potentially; yes. It will ultimately depend on the specific factual circumstances. For example, has the owner of the farm made a promise(s) regarding its future ownership which someone relied on to their detriment?  Or, are there grounds to challenge the validity of the will, which governs the devolution of the farm? If the answer is yes to these broad questions, then it would be worth exploring a potential claim.  

Understanding the immediate position 

I was promised the family farm but it has been left to someone else, can I challenge this?  

You could potentially challenge a will in this instance. Much will turn on the nature of the promise. A court (and by extension, an opponent) would wish to see evidence regarding a promise of future ownership, as opposed to control, or even expectation. The clearer and firmer the promise, coupled with clear evidence in support, the stronger the claim (and vice versa).

Where someone has relied on a promise that they would inherit the family farm, a proprietary estoppel claim may provide a route to establishing an interest in the property.

Does working on a farm for years give me a right to inherit it?  

No, it does not provide an automatic right to inherit a farm. If an individual worked for low, or no pay, based on a promise that they would inherit the farm in the future, the greater the prospects of a claim (and success).

The position ought to be sharply contrasted with the the position of a prospective claimant, who was a partner in an agricultural partnership and who has received drawings along with a capital share: their prospects of a claim based on a promise may not be as strong.  

Can I challenge a farm inheritance if there is no written record of the promise made to me?  

Yes. The courts are well aware that promises in an agricultural context more often than not happen over a gate post or on a field, as opposed to being legally documented. Much will turn on the available evidence in support, for example, earlier wills, third party witness evidence and relevant contemporaneous documents.  

What Type of Farm Inheritance Claim Can You Make? 

How can I tell whether my dispute is about a broken promise, an invalid Will or unfair financial provision? 

Seeking early professional assistance is the most efficient way to determine the nature of a prospective claim. It could encompass a number of claims, i.e. all three of the above examples.

Where the dispute concerns the validity of the Will itself, our guidance on contesting a Will explains the grounds on which a Will may be challenged.

Can an adult child challenge a Will if one sibling inherits the farm and the others receive much less? 

Subject to the factual circumstances; yes. For example, if one sibling inherits the majority of the farm, but the other, an adult child who had been reliant on the testator to provide their accommodation at the farm, could potentially explore a claim.

Much will turn on their financial circumstances, as well as the quantification of their prospective entitlement under the will. If reasonable financial provision for their maintenance in all circumstances of the case has not happened, then there ought to be scope to explore an Inheritance Act claim.  

Can I challenge a Will if I believe someone pressured the farmer or influenced their decisions?  

Yes; they key will be securing evidence to support the claim, as the burden of proof will be on the person making the submissions of influence or pressure. In order to satisfy a court, it must be shown that the pressure was undue. For example, the nature of helpful evidence may encompass the testator fearing for their life or safety, or suffering from a cognitive impairment which left them vulnerable or susceptible to pressure.  

What happens if the farmer did not understand the Will or lacked mental capacity when it was signed? 

If it can be shown that the farmer did not have testamentary capacity when signing the will, then a court would hold the will invalid. The earlier will would take effect; it is therefore imperative to establish the terms of an earlier will at the outset of a matter, in order to understand how the farm would pass to under the earlier will.

Of course, if there is no earlier will, then the estate would be governed by the intestacy rules. Again, scrutiny would need to be applied to understand who the estate would pass to. 

Establishing what belongs to the estate 

Who owns the farmland, house, machinery and livestock  

The starting point would be to check the legal title of the land and properties, through the Land Registry. Machinery and livestock are also likely to have ownership papers. However, this is simply the starting point and careful scrutiny ought to be applied to any available partnership accounts, as well as the actual operational picture, for example, who uses the land on a day to day basis.  

What happens if the farm was operated through a family partnership but there is no clear partnership agreement? 

If there is no partnership agreement, it is likely that a partnership at will would be deemed to be in place, governed by the Partnership Act 1890. This sets out how a partnership should be governed, for example, in respect of profit shares and the dissolution process.

Where ownership, partnership arrangements or the operation of the farming business are also disputed, our land and farming disputes solicitors can advise on the wider issues affecting the farm.

Can a partnership agreement, trust or tenancy override what the Will appears to say? 

It is unlikely that a partnership agreement, trust of tenancy will override the terms of a will, however, it may be that the intentions in the will are thwarted by provisions in the above documents. For example, it may be that the other partners are entitled to buy out the deceased’s partner’s share, or that an existing agricultural holdings act tenancy impacts the value and devolution of a farm left in a will.  

Evidence and urgent action 

What evidence could prove that I was promised an interest in the farm and relied on that promise? 

Earlier wills can be powerful evidence of a testator’s previous desire to leave a farm to an individual, corroborating any submission that promises have been made. Lay witness evidence is also helpful, for example, agricultural suppliers or friends of the farm owner may well have heard the farmer tell them of the promises that they may have made. Finally, there may be other contemporaneous evidence available, from accountants to health care professionals who the farmer confided in, as well as diaries the farmer may have kept.  

What should I do immediately if probate has been granted or farm assets may be sold or transferred? 

A claimant should seek to prevent the farm assets being sold or transferred pending resolution of the dispute. That can range from seeking a voluntary binding agreement from the executors / owners, through to securing a court injunction preventing the sale or transfer.

Much will turn on the strength of a prospective claim and urgently setting it out with the available evidence; the stronger the claim, the more likely injunctive relief would be granted. However, prevention, rather than reaction, is the key to efficiently and cost effectively dealing with this issue.  

Can I stop probate or prevent the farm from being sold while the dispute is investigated? 

A caveat will prevent a grant of probate from being issued. Without a grant of probate, it would be difficult if not impossible for an estate to be distributed or estate assets to be sold (subject to how they are legally held). However, a caveat ought to be maintained only where there are concerns about the validity of the will or the identity and or ability of the personal representative to properly discharge their role.  

Does it matter if an earlier Will left me the farm but the final Will did not? 

Yes, as an earlier will forms part of the factual background, and would also be followed, if the final will were held invalid by a court.  

Are there time limits for bringing a farm inheritance claim? 

There are no hard time limits to pursue a broken promise claim, although as it is an equitable claim, equity directs that a claimant should not unnecessarily delay in bringing their claim. If they do, they may be barred from later bringing the claim.

A similar principle applies for will validity challenges. For example, if a person indicates that they will bring a will challenge claim, but then does not pursue for a number of years, before then deciding to then do so, the courts are unlikely to allow a formal claim to proceed. If a claim is brought under the 1975 Act for reasonable financial provision, it must be issued with a court within six months from the issue of the grant of probate.  

In all circumstances, it is imperative that early professional assistance is sought.  

As different inheritance claims can be subject to different deadlines, you may find our guide on when you can contest a Will to be useful as it explains the timing considerations that may apply.

Protecting the farm and resolving the dispute 

Can the farm continue trading while the farming Will is challenged? 

Yes, and it is sensible that suitable arrangements and safe guards are put in place. These can range from a farm manager being installed, through to a limited grant of probate being secured to allow for someone to deal with the estate (and meet any inheritance tax liabilities to stop interest or penalties accruing).  

What can I do if the executor is also the person inheriting or running the farm? 

Early effective engagement is critical. Ordinarily, it is in all parties interests for the farm to continue trading and be profitable, while being maintained. Of course, if the executor is not complying with their duties, then a removal claim may need to be intimated, in order to secure an individual or body who could be trusted to look after and suitably run the farm, pending resolution of the claim.  

Can the dispute be resolved without breaking up or selling the farm? 

Yes, mediation is a useful forum for parties to engage, which is encouraged by the court. For mediations to stand the best chance of success, there ought to be a sufficient exchange of information in advance, not only in respect of the available evidence in respect of the claim and defence, but also regarding the assets, their values and thought regarding how funds may be raised or borrowing discharged.

Preparation is key to give the mediation the best chance of success and to potentially avoid the break up or sale of a farm subject to a dispute.  

Need advice on a farm inheritance dispute?

Every farm inheritance dispute turns on its own facts. A promise made years ago, an earlier Will, partnership records and the way the farm has been run may all affect the position. Gathering that information early can help clarify the available options and protect the farm while the dispute is addressed.

If you are concerned about how a family farm has been inherited, or believe assets may be sold before your concerns are resolved, seek legal advice promptly. Our Contentious Trusts and Probate team can review the circumstances and help you decide what your next steps should be.

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