The law has certainly developed over its long existence, and it can be easy to try and shape issues to its contours. The law in matters of estate planning is no exception to this principle. 

At times, a single will with straightforward distributions may be more than sufficient to adequately address the estate plans of a testator. However, the personal circumstances of clients preparing estate plans may not always comply with the standard forms and practices we become accustomed to. 

A recent article examined the issue of estate planning in the context of farms. The author went into detail on how, rather than focusing on a single individual, being the testator in most cases, the management and inheritance of farms can involve numerous stakeholders spread across entire families, potentially even including extended relatives.  

The article highlights how farms have become complex businesses, often managed under intricate structures, yet are still deeply intertwined with the family dynamics of the individuals that own and run them. The owning families often carry a strong sense of cross-generational responsibility and duty to the farms they operate. However, as these families expand, the number of stakeholders also grows, introducing individuals with conflicting ideas, or perhaps no interest or even experience, into the farming business.  

Understanding how the owning family has structured a farm’s control and management, both on paper and in practice, is vital for any estate planner. This speaks directly to the drafting solicitor’s duty to communicate with the client and the performance of adequate investigation. The abundance of overlapping interests and complex family dynamics means the potential for liability can be significant – consulting with, or even referring the planning to a solicitor with experience in transition planning for farms, can be wise.  

The issues raised in the article on succession planning for farms speak to the broader principle that estate law practitioners need to be alive to. Understanding the unique personal circumstances of their clients’ lives beyond the legal implications can be the difference between an acceptable and a great succession plan. This can involve a level of problem-solving that, while certainly adding challenge, can also be equally rewarding when done properly. 

Thank you for reading and have a great day! 

Suzana Popovic-Montag & Raphael Leitz