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

Preston’s Park Hotel set for £70m transformation Heaton Groups Vision For The Former Park Hotel

Preston’s Park Hotel set for £70m transformation

27 May 2026

2

Rosebud-backed firms generate £20.4m Amy King and Martin Emmott

Rosebud-backed firms generate £20.4m

27 May 2026

3

£30m bid to be submitted to fix colonnades Blackpool Colonnades

£30m bid to be submitted to fix colonnades

26 May 2026

4

Stuart Energy achieves top 10 workplace hat-trick Stuart Energy team

Stuart Energy achieves top 10 workplace hat-trick

25 May 2026

5

Lumo launches West Coast rail service with 100 jobs in Preston Lumo train in London and staff

Lumo launches West Coast rail service with 100 jobs in Preston

22 May 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
Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Building a high-performance culture
business workshop.png.png
LBV Hub Seminars
03 Jun 2026

Building a high-performance culture

Media Factory, University of Lancashire, Preston, PR1 2HE

09:30 - 11:30

Chamber Breakfast Networking – June
LBV Hub Networking
03 Jun 2026

Chamber Breakfast Networking – June

Pye Motors, Morecambe, LA3 3PE

08:00 - 10:00

Society1 Breakfast Social and Coworking Day
Breakfast Social June Facebook.png.png
LBV Hub Networking
04 Jun 2026

Society1 Breakfast Social and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Yellow Day 2026
LBV Hub Fundraisers
07 Jun 2026

Yellow Day 2026

St Catherine's Hospice, Preston, pr55xu

11:00 - 16:00

Opening doors and opportunity for Tech in Preston
PTC Square June (900 x 900 px)-2.png.png
LBV Hub Networking
09 Jun 2026

Opening doors and opportunity for Tech in Preston

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Clubhouse Business Network sponsored by Orca Finance - June 2026
Padel Network.png.png
LBV Hub Networking
11 Jun 2026

Clubhouse Business Network sponsored by Orca Finance - June 2026

Clubhouse , Blackburn, BB1 3NT

14:00 - 16:00

The Business Network Central and East Lancashire
LBV Header (33).png.png
LBV Hub Networking
18 Jun 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Chamber Business Lunch
LBV Hub Networking
19 Jun 2026

Chamber Business Lunch

Lancaster House Hotel, Lancaster, LA1 4GL

11:00 - 14:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin