Where There’s a Will, There’s a way
Summary
- Keep a valid will to protect your family and secure the future of the farm
- Align your will with your succession plan to support a smooth, tax-efficient transfer
- Review it regularly and communicate your plans to avoid future disputes.
The family farm is more than a business. It is a family home, a lifetime’s work and, for many, something they hope to pass on to the next generation. Yet, while farmers spend years planning crops, livestock, investments and succession, many don’t make a will or fail to update one after major life changes.
Having a valid, up-to-date will is one of the most important steps in protecting your family and your farm. It provides certainty, reduces the risk of disputes and ensures your wishes are carried out after your death.
The best advice in many situations to transfer assets while all the parties are alive. It is much easier to avoid punitive taxes, however sometimes, the opposite is the advice. Every family situation is different. If most of the assets are transferred, the will then should be much easier to write.
Why is a Will So Important?
A will becomes a safety net allowing you to decide who inherits your assets and who will manage your affairs after your death. It gives a layer of protection, while you are organising a succession plan. It also enables you to appoint an executor – the person responsible for administering your estate. Tax policy in Ireland is targeted to allow farmers transfer assets to the next generation prior to age 35 and EU policy supports young farmers up to age 40. If the transfer is delayed, significant supports may be unavailable.
Without a valid will, your estate is distributed according to the rules of intestacy. This means the law decides who inherits your assets, which may not reflect your wishes or what is best for the future of the farm.
For farming families, this can create uncertainty, delay and additional legal costs at a time when families are already coping with bereavement.
The 1965 Succession Act is the relevant legislation. The table below shows how an estate is distributed on intestacy:
| If the deceased leaves… | Who inherits? |
| Spouse only (no children) | The spouse inherits the entire estate. |
| Spouse and children | The spouse receives two-thirds (2/3) of the estate. The children share the remaining one-third (1/3) equally. |
| Children only (no spouse) | The children inherit the entire estate in equal shares. If a child has already died leaving children, those grandchildren inherit their parent’s share. |
| Parents only (no spouse or children) | The parents inherit the estate equally. If only one parent survives, that parent inherits everything. |
| Brothers and sisters (no spouse, children or parents) | Brothers and sisters inherit equally. If a sibling has died leaving children, those nieces and nephews inherit their parent’s share. |
| Nieces and nephews only | They inherit equally if their parent (the deceased’s sibling) is no longer living. |
| Grandparents | The grandparents inherit equally. |
| Aunts and uncles | They inherit equally. If an aunt or uncle has died leaving children, those first cousins inherit their parent’s share. |
| No surviving relatives covered by the Act | The estate passes to the Irish State (known as bona vacantia). |
Protecting the Family Farm
Every farm is different. Some families have one farming child, others have several children with different levels of involvement in the business. A carefully prepared will allows you to make decisions that reflect your own family circumstances. It should act like a back stop while you organise a farm succession plan.
A farm succession plan combined with a will can help to:
- Protect the long-term viability of the farm.
- Provide clarity for all family members.
- Reduce the likelihood of disagreements.
- Ensure non-farming children are treated fairly where possible.
- Support a planned and orderly transfer of the farm.
However, a will is only one part of succession planning. It should complement any lifetime transfer plans, partnership agreements or family arrangements already in place.
Review Your Will Regularly
Making a will is not something you do once and forget about. It should be reviewed whenever there is a significant change in your circumstances, such as:
- Marriage or civil partnership.
- Separation or divorce.
- The birth of children or grandchildren.
- The purchase or sale of land.
- Changes to farm structures, such as forming a partnership or company.
- Changes in taxation or succession plans.
An outdated will may no longer reflect your intentions.
Talk to Your Family
One of the biggest barriers to succession planning is avoiding difficult conversations. While discussing inheritance can feel uncomfortable, open communication can help manage expectations and reduce misunderstandings later.
Many families find that once the conversation starts, it becomes easier to discuss the future of the farm and everyone’s role in it.
Get Professional Advice
Every family and every farm is unique. A solicitor can draft a legally valid will that reflects your wishes, while your accountant or tax adviser can explain any tax implications. Working together, these advisers can help ensure your succession plan is practical and tax efficient.
Start Planning Today
Writing a will does not mean giving up control of your farm—it means taking control of its future.
A well-prepared will gives peace of mind that your family will have clear guidance. Sometimes a death, or illness is unexpected. Planning under pressure rarely gives good results. Taking time to prepare a will shows that the future of the farm has been carefully considered.
The best time to write a will is before it is needed. Taking action today can provide certainty for your family and help secure the future of the family farm for generations to come
If you would wish to find out more information on farm succession please contact your local Teagasc advisor, or visit the Teagasc Succession and Inheritance webpage.
The above first appeared in Securing the Future of Irish Farms: Approaches for Generation Renewal (PDF), produced as part of Teagasc Generational Renewal Week 2026.