Start the conversation. Making a will or succession plan is simpler once you know what to include. Many farmers and landowners struggle with where to start, but the key concern for most parents is avoiding disputes between children. While disagreements over land are well known, parents who facilitate open conversations, listen to views, and act fairly usually feel they did their best to prevent conflict.
1. Align as parents
Before involving children, parents should first align their own views. Differences often stem from past experiences. A father may have endured heavy debts to buy out siblings, while a mother may have been overlooked in her own family simply because she was female. These backgrounds shape attitudes toward succession, so couples should establish common ground before seeking input from the next generation.
2. Get professional advice
Professional guidance is essential at the outset. Parents should consult their accountant, solicitor, and agricultural adviser to understand legal, tax, and financial options. Only with this knowledge can they realistically explore viable options.
3. Plan the family discussions
Family dynamics will influence how discussions unfold. Some families benefit from a round-table meeting, while others find individual conversations less confrontational. The chosen format should reflect personalities and relationships.
4. Children’s expectations
A constructive way to begin is by telling children you are updating your will and want to hear their expectations. Stress that your goal is to prevent conflict and possibly keep the farm intact for the next generation.
Make it clear that, although the decision rests with you, their opinions will be considered. If children hesitate to contribute, you might share your initial thoughts on asset division to gauge reactions.
5. Pick the right timing
Timing matters. Late twenties to early thirties is often ideal, as children usually have careers, partners, and clearer life plans. If one child is actively farming, the conversation may need to happen sooner, particularly to allow transfer before the age of 35 to qualify for the Young Trained Farmer Stamp Duty Relief. Conversely, if no child is farming or a potential successor is slow to step up to the mark, parents may need to clarify that while there is no pressure to return, they must plan for the farm’s medium-term future – perhaps by changing enterprise or leasing land.
6. Anticipate challenges
It is important to remember that you cannot control children’s reactions given that there is a huge emotional attachment to land as well as family dynamics at play.
However, not doing anything and leaving the family to fight it out when you are gone is not a great legacy to leave. It’s fascinating to see some great farmers that have built up very successful businesses fall at the final hurdle, so to speak, by not making the difficult decisions that may need to be made.
For example, if you have two strong- willed children that clash, leaving property between them will most likely result in conflict and litigation that could transcend generations. However, children normally respect a parent’s decision even though it might take time for it to sink in. If they are upset and disappointed with the decision a parent has made regarding division of assets, at least the parent is there to answer questions and explain the rationale behind their decision.
Contrast that with a situation where children have certain expectations and then a will is read, containing something completely different.
The adult child or children are left wondering why their parents made the decision they did – whether they made it themselves or was the parent subject to some outside influence? All sorts of scenarios will be played out in the child’s head but ultimately they will never know the answer.
It can have a devastating impact on their physical and mental health – something most parents would not do intentionally if they had a choice.
7. Use mediation if necessary
If discussion stalls, bring in a succession mediator. A third party can help keep conversations constructive and help manage conflict. It can help deal with softer issues by focusing on listening not solving, acknowledging emotions tied to legacy, fairness and identity.
A skilled mediator can help acknowledge these feelings as valid but ensure they do not derail the meeting.
8. Formalise the plan
Once you have had the conversation and got a consensus from the family, commit a plan to paper. If there is no agreement or consensus, then it is for you as the owner to make a decision and you can choose whether or not to explain the rationale behind that decision to family members. It’s worth adding that unless you decide to act on that decision now, that you’ll incorporate your decisions under your will. And a will can always be changed, depending on circumstances.
In summary, succession planning is about more than dividing land; it’s about preventing family conflict.
Parents should first align their own views, then seek professional advice before involving children. Open conversations help manage expectations and clarify intentions.
While emotions and disagreements are inevitable, explaining decisions during life prevents damaging speculation later. Mediation can help if discussions stall.
Ultimately, parents must act, formalise their plan, and leave clarity rather than uncertainty, ensuring their legacy strengthens rather than divides future generations.
Aisling Meehan, agricultural solicitors and tax consultant.
Disclaimer: The information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan, Agricultural Solicitors and Tax Consultants does not accept responsibility for errors or omissions howsoever arising. E-mail aisling@agrisolicitors.ie
Start the conversation. Making a will or succession plan is simpler once you know what to include. Many farmers and landowners struggle with where to start, but the key concern for most parents is avoiding disputes between children. While disagreements over land are well known, parents who facilitate open conversations, listen to views, and act fairly usually feel they did their best to prevent conflict.
1. Align as parents
Before involving children, parents should first align their own views. Differences often stem from past experiences. A father may have endured heavy debts to buy out siblings, while a mother may have been overlooked in her own family simply because she was female. These backgrounds shape attitudes toward succession, so couples should establish common ground before seeking input from the next generation.
2. Get professional advice
Professional guidance is essential at the outset. Parents should consult their accountant, solicitor, and agricultural adviser to understand legal, tax, and financial options. Only with this knowledge can they realistically explore viable options.
3. Plan the family discussions
Family dynamics will influence how discussions unfold. Some families benefit from a round-table meeting, while others find individual conversations less confrontational. The chosen format should reflect personalities and relationships.
4. Children’s expectations
A constructive way to begin is by telling children you are updating your will and want to hear their expectations. Stress that your goal is to prevent conflict and possibly keep the farm intact for the next generation.
Make it clear that, although the decision rests with you, their opinions will be considered. If children hesitate to contribute, you might share your initial thoughts on asset division to gauge reactions.
5. Pick the right timing
Timing matters. Late twenties to early thirties is often ideal, as children usually have careers, partners, and clearer life plans. If one child is actively farming, the conversation may need to happen sooner, particularly to allow transfer before the age of 35 to qualify for the Young Trained Farmer Stamp Duty Relief. Conversely, if no child is farming or a potential successor is slow to step up to the mark, parents may need to clarify that while there is no pressure to return, they must plan for the farm’s medium-term future – perhaps by changing enterprise or leasing land.
6. Anticipate challenges
It is important to remember that you cannot control children’s reactions given that there is a huge emotional attachment to land as well as family dynamics at play.
However, not doing anything and leaving the family to fight it out when you are gone is not a great legacy to leave. It’s fascinating to see some great farmers that have built up very successful businesses fall at the final hurdle, so to speak, by not making the difficult decisions that may need to be made.
For example, if you have two strong- willed children that clash, leaving property between them will most likely result in conflict and litigation that could transcend generations. However, children normally respect a parent’s decision even though it might take time for it to sink in. If they are upset and disappointed with the decision a parent has made regarding division of assets, at least the parent is there to answer questions and explain the rationale behind their decision.
Contrast that with a situation where children have certain expectations and then a will is read, containing something completely different.
The adult child or children are left wondering why their parents made the decision they did – whether they made it themselves or was the parent subject to some outside influence? All sorts of scenarios will be played out in the child’s head but ultimately they will never know the answer.
It can have a devastating impact on their physical and mental health – something most parents would not do intentionally if they had a choice.
7. Use mediation if necessary
If discussion stalls, bring in a succession mediator. A third party can help keep conversations constructive and help manage conflict. It can help deal with softer issues by focusing on listening not solving, acknowledging emotions tied to legacy, fairness and identity.
A skilled mediator can help acknowledge these feelings as valid but ensure they do not derail the meeting.
8. Formalise the plan
Once you have had the conversation and got a consensus from the family, commit a plan to paper. If there is no agreement or consensus, then it is for you as the owner to make a decision and you can choose whether or not to explain the rationale behind that decision to family members. It’s worth adding that unless you decide to act on that decision now, that you’ll incorporate your decisions under your will. And a will can always be changed, depending on circumstances.
In summary, succession planning is about more than dividing land; it’s about preventing family conflict.
Parents should first align their own views, then seek professional advice before involving children. Open conversations help manage expectations and clarify intentions.
While emotions and disagreements are inevitable, explaining decisions during life prevents damaging speculation later. Mediation can help if discussions stall.
Ultimately, parents must act, formalise their plan, and leave clarity rather than uncertainty, ensuring their legacy strengthens rather than divides future generations.
Aisling Meehan, agricultural solicitors and tax consultant.
Disclaimer: The information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan, Agricultural Solicitors and Tax Consultants does not accept responsibility for errors or omissions howsoever arising. E-mail aisling@agrisolicitors.ie
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