Gildernew discusses importance of will-making with Law Society

Minister Michelle Gildernew MP MLA has met with representatives of the Law Society to highlight the issue of succession planning amongst farmers.

The Minister used the meeting to discuss the importance of will-making in the farming community, to ensure that farmers make legal arrangements to protect the future viability of their farm business after their death. The Minister expressed her concern about the difficulties surrounding probate that can arise in the absence of a Will and asked that the Law Society make their members aware of the DARD advisory leaflet, 'Succession Planning for Farmers', which she launched last year. The Law Society delegation was led by Barry Finlay, President of the Law Society, along with Donald Eakin, Senior Vice President and Alan Hunter, Chief Executive.

Speaking after the meeting the Minister said: “Timely succession planning is an important matter which was initially brought to my attention by NIAPA. I appreciate that the transfer of the farm business can be a sensitive issue and it is therefore natural to delay making decisions.

“Failure to make these decisions can result in long delays in obtaining probate to release financial entitlements such as the Single Farm Payment pending a court decision as to who is entitled to those payments.”

The Minister added: “I want to thank the Law Society for meeting me today to help raise awareness of this critical matter which can cause turmoil in a farming family. They have agreed to make their members aware of the 'Succession Planning for Farmers', advisory leaflet and make it available to their clients.”

Barry Finlay, President of the Law Society said: "The Society is pleased to be working with the Department to highlight the need for effective succession planning and the importance of seeing your solicitor to obtain independent legal advice on the terms. Taking these steps can make transition of property rights, including farm land, payments and quotas less difficult in the sad days following a death in the family."

At the meeting the Minister and the Law Society representatives also discussed the recent Court of Appeal ruling on conacre and other issues of land law reform.

Notes to Editors:

1. Copies of the leaflet are available from DARD offices and on www.dardni.gov.uk and www.ruralni.gov.uk.

2. All media enquiries should be directed to the DARD Press Office on 028 9052 4619. Out of hours please contact the duty press officer via pager number 07699 715440 and your call will be returned.