Family business succession planning warning

By Napthens

22 Jun 2015

Website

An expert has highlighted the importance of good succession planning for family businesses after a high profile case which has seen a family divided over the ownership of their farm.

In the case, it was reported that James Davies worked on his family farm for 10p an hour because he understood the £1m farm would be left to him by his father.

However, when his father died his Will asked for the farm to be divided equally between Mr Davies and his siblings, which caused a dispute resulting in a court decision in Mr Davies’ favour.

According to Stephanie Kerr, solicitor in the Litigation team at Lancashire law firm Napthens, the case highlights the importance of good succession planning.

She said: “In this case it appears the farmer Mr Davies has relied on the word of his father that he would come to inherit a substantial farm, and worked hard to ensure the farm business was a success, going so far as to put his own money into the farm business

“However, many years after his father’s death when the Will has been read, it transpired that the farm had been left to the farmer only until his 60th birthday, after which it was to be split between the farmer and his four siblings.

“This is not an unusual scenario. It is common to find a family business which is run by one child, while the others have taken the decision not to be involved.

“It is therefore important for anybody in this situation to ensure that they are having regular open and honest discussions about the future and trying to ensure legal documents such as Wills reflect those discussions and wishes.

“Independent advice should also be sought when planning for the future and when any major decision is taken about a business those changes should be documented to avoid disputes later on.

“A specialist in contested estates, recognised by the Association of Contentious Trust and Probate Specialists (ACTAPS), should be consulted if similar circumstances arise, rather than simply the family solicitor who drew up the Will or a non-specialist. “Where a number of children are involved and could come to inherit in the future, it is equally important to ensure that all parties are clear in setting out their intentions, so no confusion can arise, as has occurred in this case.”

Enjoyed this? Read more from Napthens

Latest news

1

Better transport links are key if Lancashire is to drive up productivity Katie Day strategy director at Transport for the North

Better transport links are key if Lancashire is to drive up productivity

19 Nov 2024

2

Farleys strengthens Private Client Team with Preston appointment Katy Shakeshaft and Victoria Marsh from Farleys

Farleys strengthens Private Client Team with Preston appointment

19 Nov 2024

3

Celebrating Amanda Meachin as she retires from Community & Business Partners

Celebrating Amanda Meachin as she retires from Community & Business Partners

19 Nov 2024

4

New edition of Lancashire Business View shines spotlight on the hidden valley LBV covers

New edition of Lancashire Business View shines spotlight on the hidden valley

19 Nov 2024

5

Defence workers’ union calls on government to ‘buy British’ Eurofighter Typhoon

Defence workers’ union calls on government to ‘buy British’

18 Nov 2024

PC PrestonMacan GIF980x120
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:00 - 16:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 16:30

Skills Bootcamp in Procurement - Cohort 2
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
15 Oct 2024 - 17 Dec 2024

Skills Bootcamp in Procurement - Cohort 2

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

LBV119 Magazine Launch Event
DSC9389
Networking
20 Nov 2024

LBV119 Magazine Launch Event

Stonyhurst College, Clitheroe, BB7 9PT

16:00 - 18:00

Live Work Create: Building Community In The Modern World
Live-Work-Create-Building-Community-1024x1024.png.png
LBV Hub Networking
20 Nov 2024

Live Work Create: Building Community In The Modern World

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 20:00

North West HR Employers Forum
CBP-logo LBV.png.png
LBV Hub Seminars
20 Nov 2024 - 20 Nov 2024

North West HR Employers Forum

Wham Stadium, Accrington Stanley, Livingstone Road, Accrington, BB5 5BX

09:00 - 12:00

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!
Quiz Pic.jpg.jpg
LBV Hub Fundraisers
21 Nov 2024 - 21 Nov 2024

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:30

Emergency First Aid at Work
Chamber Logo1.png.png
LBV Hub Seminars
21 Nov 2024

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 05:00

SPARK The Apprenticeship Marketplace
UCLanAerialCampus.jpg.jpg
LBV Hub Networking
21 Nov 2024 - 21 Nov 2024

SPARK The Apprenticeship Marketplace

University of Central Lancashire, Preston, PR1 2HE

09:30 - 13:00

Lancashire Business Day 2024
231124LBVLancashireDayEventweb 5782
Networking
22 Nov 2024

Lancashire Business Day 2024

Blackburn Rovers Football Club, Blackburn, BB2 4JF

12:00 - 17:00

NLP Diploma Foundations
nlp nov 24.png.png
LBV Hub Seminars
22 Nov 2024 - 24 Nov 2024

NLP Diploma Foundations

Unlocking Possibilities training venue, 166 Waterloo Road , Blackpool, FY4 2AF

09:00 - 17:00

CQI and IRCA Lead Auditor Training Course ISO 9001 – Quality Management Systems (QMS) - REMOTE
IRCA-Certified-Course.jpg.jpg
LBV Hub Webinar
25 Nov 2024 - 29 Nov 2024

CQI and IRCA Lead Auditor Training Course ISO 9001 – Quality Management Systems (QMS) - REMOTE

Via MS Teams Link - RKMS Group , Blackpool, FY4 2DP

09:00 - 17:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV118 Online Graphic
Subscribe now

Weekly news bulletin