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Be ready for when the future arrives.

Farm succession planning and estate planning is a process that allows everyone to have complete clarity about the ownership and operation of the family farm. It helps to resolve possible future issues and remove any uncertainty. Planning for the transfer of a farm before your hand is forced will help to avoid any animosity between family members.

Farms are a complex combination of valuable assets including land, equipment, commercial relationships and highly specialised knowledge, accumulated carefully and strategically over many years and across generations. Additionally, farming businesses are often structured through partnerships, trusts, and superannuation funds to suit the needs of the families or companies that run them.

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A good understanding of farm business structure is important to be able to plan the estate and succession.

There is no one-size-fits-all plan, so getting expert advice is important. Robertson Hyetts has farm succession planning and estate planning lawyers to help see your farm passed smoothly to the next generation, at a time of your choosing. We also provide advice about how to transfer the farm to children without attracting stamp duty.

Farms are unique businesses and careful planning for business succession and estate management can reduce the risk of losing it all to tax or litigation when it is time to sell, retire or hand over to the next generation. It can also help manage family expectations and ensure that you are looked after in retirement.

Free farm succession hand book

Succession planning is often a complex issue for farming families. 

This free guide from Robertson Hyetts provides information for farming families who are just starting the conversation on the topic of succession planning, or already in the process of implementing changes. 

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Farm Succession Planning FAQs

Farm succession is the transition of your family operation to your children.

A succession plan is how you achieve the transition by moving the responsibility for management, for getting the work done and eventually ownership from you to your children.

Usually it is a stepped approach so you need to start early. This could involve:

  • Giving some management responsibility to a certain family member,
  • Next, making that person a genuine partner,
  • Then, let them take ownership of the business separately from the land, and
  • Finally, identify how they can buy the land.

Your succession plan should not be prepared and put on the shelf. The process of succession planning is ongoing and needs to evolve as your circumstances change. It should be reviewed and updated regularly.

It is important to consult a professional when creating your succession plan. Your accountant can help identify financial risks and opportunities and your lawyer will make sure that you haven’t left anything out.

Trent was kindly, approachable & very helpful, I would seek his advice & guidance again in the future if needed. I can highly recommend Robertson Hyetts Lawyers".

Sheridan

Farm Succession Planning Knowledge Base

Our Farm Succession Planning experts

Trent grew up in Oxley, near Wangaratta, and has practiced law for 16 years. He enjoys the intellectual challenge practicing law provides. Trent’s strengths are his willingness to listen and providing practical solutions in an easy to understand manner.

Trent McGregor

, Lawyer & Associate