Wills, Probate and Estate Planning

Our specialist agricultural team acts for private landowners and farming families, advising on the administration of complex rural estates and succession planning, as well as drafting wills and powers of attorney.

Wills, Probate and Estate Planning: Expert agriculture lawyers

Undertaking a detailed review of your farm’s activities, we’ll look at the available opportunities and advise on any restructuring that may be necessary to take best advantage of valuable reliefs for tax purposes, usually working in tandem with your own professional advisers.

We often work collaboratively with our expert property and commercial teams where creation of a partnership or company structure is used as a strategy for succession planning, to ensure your farm is best protected for future generations.

We can help you with:

Wills and Trusts – specialist Wills and Trust advice including the creation and ongoing administration of discretionary trusts, designed to transfer business assets and family wealth as part of a long-term succession strategy; utilising our expert team of lawyers and trust accountants.

  • LPAs – Lasting Power of Attorneys to ensure your affairs, and those of your farming business, can be managed in the event you are unable to act for yourself
  • Tax – inheritance tax and capital gains tax mitigation including providing advice on the application of agricultural and business property reliefs 
  • Probate – administering farming estates and assisting you with the application for Probate

Tees have consistently delivered prompt advice. They demonstrate empathy in difficult situations and help client navigate towards solutions.

How we assisted our client with capital gains tax advice

Part of a farm was owned by a non-farming client. The rent from the farm was important for the standard of living of the client but had not been changed for some years.

There were to be significant inheritance tax implications on the client’s death due to the non-agricultural nature of some of the assets and the non-involvement of the client in farming activities.

Problems faced 

The client required the income in order to support their standard of living but was happy to consider passing on parts of the farm to reduce the potential inheritance tax implications and help the next generation. 

Tees’ solution 

By careful investigation of current values, the non-agricultural part of the farm, including the farmhouse, cottages and buildings were ascertained and valued by an agricultural agent.  The client retained some of the farmland and the farm partnership agreed to pay an increase in rent on this farmland to match the rent which had previously been received. The increase in rent represented a current market rent. 

The client was then willing to give up the non-agricultural part of the farm and to assist with the payment of capital gains tax the assets were placed within a discretionary trust and the gain was held over so no tax was actually paid. 

Outcome

Our client’s estate was significantly reduced for inheritance tax purposes and they have now survived the 7 years required.

We’re here to help

Call us for an initial confidential, no obligation chat, or fill out our enquiry form and we will let you know how we can help.

We can also visit you at your home if you wish, as we appreciate that seeing your farm business first-hand can be the best way to understand how your business and family interact.

Where we are

Our specialist lawyers are based in:

Cambridgeshire: Cambridge

Essex: BrentwoodChelmsford, and Saffron Walden

Hertfordshire: Bishop’s Stortford and Royston 

But we can help you wherever you are in England and Wales

Key people

Jane Doe
Partner
Jane Doe
Partner
Jane Doe
Partner

News and insights

Frequently asked questions

The answers to many of your questions can be found here, please get in touch for further information.

What happens to my money if I die without a will?

If you die without a will, your money will be distributed under the rules of intestacy. Under intestacy rules, your next of kin can inherit your money and assets according to a strict order of priority.

If you have a spouse or civil partner and children, then your spouse/ civil partner would receive the first £250,000 of your estate and personal chattels. Anything above this amount would be split as to half for the surviving spouse/ civil partner and half equally between your children. If any of your children have predeceased you, then their share may pass to any surviving children of theirs. 

If you should pass away without any surviving spouse/civil partner, children or grandchildren then your estate shall pass in accordance with the following order of priority: 

  • Parents
  • Brothers and sisters (or their children)
  • Half-brothers and sisters (or their children)
  • Grandparents
  • Uncles and aunts (or their children)
  • Half-uncles and aunts (or their children)

If you have no surviving relatives as described above, then your estate would pass to the Crown. Having a properly written will in place means your wishes are known and can be carried out after your death.

The benefits of having a properly written will include:

  • You choose who inherits from your estate
  • You can choose someone to trust to administer your estate
  • Your family know what your wishes are
  • Gives the opportunity for estate and inheritance tax planning and management 
  • Makes appropriate provisions for minors or dependents 
  • Assists your estate in the event that the will is contested.

The National Will Register is an official register of wills in the UK. It is approved by the Law Society and used by many solicitor firms. If your will is registered, solicitors can easily find it after your death.

No – it’s not compulsory to register your will on the National Will Register. However, if you register your will it can make it easier for your family to know what your wishes are after your death.

In order to be valid, a will should be:

  • Made by a person over the age of 18
  • Made in writing; the will can be handwritten or typed
  • Made by a person with mental capacity, who understands what they are doing
  • Made voluntarily and without pressure
  • Signed by the person making the will, with two witnesses present
  • Signed by two witnesses, in the presence of the person making the will, after they have signed the will themselves.

Many people wrongly believe that a divorce automatically cancels or invalidates a Will. Similarly, individuals with an existing Will may neglect to review it after a divorce, unaware of the potential implications. Divorce can significantly affect the provisions of a Will, an often overlooked issue. It is essential to update a will whenever there is a major change in circumstances, such as a divorce. Our specialist team can help review your will.

Contact us today

If you’d like to meet one of our experts for a confidential, no obligation chat, please get in touch.

Telephone