Family business succession planning warning

By Napthens

22 Jun 2015

Website

An expert has highlighted the importance of good succession planning for family businesses after a high profile case which has seen a family divided over the ownership of their farm.

In the case, it was reported that James Davies worked on his family farm for 10p an hour because he understood the £1m farm would be left to him by his father.

However, when his father died his Will asked for the farm to be divided equally between Mr Davies and his siblings, which caused a dispute resulting in a court decision in Mr Davies’ favour.

According to Stephanie Kerr, solicitor in the Litigation team at Lancashire law firm Napthens, the case highlights the importance of good succession planning.

She said: “In this case it appears the farmer Mr Davies has relied on the word of his father that he would come to inherit a substantial farm, and worked hard to ensure the farm business was a success, going so far as to put his own money into the farm business

“However, many years after his father’s death when the Will has been read, it transpired that the farm had been left to the farmer only until his 60th birthday, after which it was to be split between the farmer and his four siblings.

“This is not an unusual scenario. It is common to find a family business which is run by one child, while the others have taken the decision not to be involved.

“It is therefore important for anybody in this situation to ensure that they are having regular open and honest discussions about the future and trying to ensure legal documents such as Wills reflect those discussions and wishes.

“Independent advice should also be sought when planning for the future and when any major decision is taken about a business those changes should be documented to avoid disputes later on.

“A specialist in contested estates, recognised by the Association of Contentious Trust and Probate Specialists (ACTAPS), should be consulted if similar circumstances arise, rather than simply the family solicitor who drew up the Will or a non-specialist. “Where a number of children are involved and could come to inherit in the future, it is equally important to ensure that all parties are clear in setting out their intentions, so no confusion can arise, as has occurred in this case.”

Enjoyed this? Read more from Napthens

Latest news

1

Westholme School to sponsor Sub36 Leader Award Image 10

Westholme School to sponsor Sub36 Leader Award

11 Sep 2026

2

Pleasure Beach riding high after awards success Dsc3924

Pleasure Beach riding high after awards success

11 Sep 2026

3

‘Don’t put devo in deep freeze’ Frank McKenna

‘Don’t put devo in deep freeze’

11 Sep 2026

4

Hall to reopen after £13.5m refurbishment King Georges Hall 768x512

Hall to reopen after £13.5m refurbishment

11 Sep 2026

5

Eden Project Morecambe launches recruitment for two senior roles eden-project-north.jpg

Eden Project Morecambe launches recruitment for two senior roles

10 Sep 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 6 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

19:00 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Fire Warden Training
14 Sep 2026

Fire Warden Training

Cleveley House Farm, Forton, PR3 1DR

09:00 - 15:00

First Hire Readiness Workshop
LH Training 15 Sep 2026

First Hire Readiness Workshop

20:00 - 21:00

Business Twilight Networking Event
Business Twilight 16 Sep 2026

Business Twilight Networking Event

Engineering Innovation Centre, University of Lancashire, Preston, PR1 2HE

16:00 - 18:30

Launch Event - Business Support and Grant Programmes
Choose Chorley 23 Sep 2026

Launch Event - Business Support and Grant Programmes

Strawberry Fields Digital Hub, Chorley, PR7 1PS

08:45 - 11:00

September Freelancer Meet-Up
 Freelancer Meet-Up Square September .png.png 24 Sep 2026 - 24 Sep 2026

September Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

The Business Network Central and East Lancashire
LBV Website Events GraphicBusiness Network 2 24 Sep 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin