Farmers Weekly Business Clinic: can a farmer leave a share in partnership asset under a will?

In his will made in 2002, a farmer left gifts of three partnership assets belonging to a family farming partnership comprising himself, his son-in-law and his son-in-law’s brother. Later that year the partnership was dissolved.

When the farmer passed away twelve months later, he left his share of two partnership assets to his son-in-law, with the majority balance going to his son-in-law’s brother.

Unhappy with how the assets were divided, the farmer’s son-in-law contested the will. Not only was the challenge unsuccessful, but some of the partnership assets were lost.

In this month’s Business Clinic, Thrings partner Robert James discusses the course of action available to the disgruntled son-in-law, and assesses his chances of succeeding with a claim in negligence against the valuer and accountant involved in the dissolution of the partnership.

Click here to read the full article in Farmers Weekly.

To discuss this matter further, please contact Robert James or another member of Thrings’ specialist Agriculture team.