1st October 2025 ❘

Farmer’s Weekly: How careful planning can reduce the risk of a challenge to your Will

How careful planning can reduce the risk of a challenge to your will

Farmer’s Weekly: How careful planning can reduce the risk of a challenge to your Will…

Our Dispute Resolution Partner and inheritance dispute specialist Johnny Coulthard recently spoke with Farmer’s Weekly about contentious probate – a term which covers a range of claims that may follow a death, including direct challenges to the validity of a will, a claim against an estate to make reasonable financial provision for someone, or claims about the ownership of assets.

“One of the main issues we see is a Will being drafted without looking at the farming reality, in terms of diversifications and without looking at the partnership agreement and how things are structured,” Johnny said. “This can give rise to assets being gifted that the person making the will doesn’t even own, and often too little thought is given to the whole picture – the business and the family, and how they interact”.

Sometimes there is no Will. But more often the problem is an outdated or poorly drafted will – once someone has got round to making a Will, it is common for it to be put in a drawer and left, but Johnny advises that Wills should be reviewed regularly, to ensure it reflects current succession plans and any promises made, and provides for anyone who may have a financial claim against an estate.

You can read the piece in full here, or if you’d like to speak with Johnny for further information and advice please just get in touch.