Left out of a farm inheritance? Know your legal rights

For many farming families, succession planning is about more than transferring assets. It's about preserving a livelihood, protecting a legacy and ensuring the next generation can continue working the land.

But when succession plans leave some family members behind, the result can be deep personal conflict and costly legal disputes.

If you've been excluded from a Will, received significantly less than another sibling, or relied on promises about inheriting a family farm that were never honoured, you may have legal options.

Why family farm inheritance disputes happen

A farm is unlike most other family assets. Often, it represents the family's largest source of wealth and the foundation of a business built over generations.

One of the biggest challenges in farm succession planning is balancing fairness with practicality. Parents may choose to leave the farm to the child who has worked on the property for years, while other children receive smaller gifts or no inheritance at all. Where there are limited assets outside the farm, achieving an equal division can be difficult.

Common causes of family farm inheritance problems include:

• a parent transfers the farm to one child before their death, reducing the value of the remaining estate
• a Will leaves the farm to the child who operates it while providing only a modest inheritance to other siblings
• long-held family expectations about an equal inheritance are not reflected in the final Will
• children make personal or financial sacrifices based on promises about future ownership that never eventuate
• there are insufficient non-farm assets available to compensate children who do not inherit the land

These situations can leave family members feeling disappointed, excluded or treated unfairly, particularly where they contributed to the family business or made significant life decisions based on expectations about future inheritance.

The challenges of family farm succession

Farm succession disputes often involve more than money.

Children may have spent years working on the property, helping the family business, caring for ageing parents or putting their own career opportunities on hold. Others may have remained involved in the farm despite living elsewhere.

When expectations and outcomes do not align, disputes can become highly emotional and place lasting strain on family relationships.

At the same time, courts must balance competing interests. They recognise the practical reality that dividing farmland may not always be possible without affecting the viability of the farming enterprise.

As a result, farm inheritance disputes are often legally complex and highly dependent on individual circumstances.

What the Bushell family farm case can teach us

A recent NSW Supreme Court case highlights how family farm succession can become a source of pain and conflict when expectations don't match the outcome.

When Wayne Bushell died in 2021, ownership of his farming property near Barmedman and Temora had already been transferred to his youngest son, Abe, who had worked on the farm for many years. Wayne's other children, James and Hannah, received gifts under his Will but argued this was not what they had been led to expect. Both said they had grown up believing the farm would eventually be shared equally among the three siblings.

James and Hannah challenged the arrangements in court. They argued that promises had been made about how the farm would be divided and sought further provision from the estate.

The Court's decision was mixed. While it found there was not enough evidence to enforce the alleged promises, it did award Hannah additional provision from the estate after considering her financial circumstances and future needs. James's claim was unsuccessful.

The case is a reminder that family farm disputes are rarely straightforward. Even where family members believe they were promised a share of the farm, legal outcomes can depend on the evidence available, the terms of the Will, the circumstances of each beneficiary and the size of the estate. It also highlights the importance of seeking legal advice early if you believe a succession plan or Will has left you unfairly treated.

Do you have a claim?

If you have been left out of a farm inheritance or received substantially less than another beneficiary, there may be legal avenues available.

Family provision claims

In most Australian states and territories, eligible family members can apply to the court for further provision from an estate if a Will does not make adequate provision for their proper maintenance and support.

Adult children are commonly eligible to bring these family provision claims.

When deciding whether further provision should be made, courts may consider:

• your financial circumstances and future needs
• the size and nature of the estate
• your relationship with the deceased
• any contributions you made to the deceased or the family enterprise
• the circumstances of other beneficiaries

Every case is different, and the outcome will depend on the specific facts involved.

Proprietary estoppel claims

A proprietary estoppel claim may arise where someone has relied on a clear promise about future ownership of property and suffered a disadvantage as a result. For example, a family member may have:

• worked on the farm for many years at below-market rates
• returned home to help operate the family business
• made financial or personal sacrifices based on promises that they would inherit the property

These claims can be difficult to establish and require strong evidence. However, Australian courts have recognised proprietary estoppel in appropriate circumstances where reliance and detriment can be proven.

Transfers made before death

Farm succession arrangements do not always occur through a Will.

Sometimes parents transfer farmland, business interests, or other significant assets before their death. Depending on the circumstances, these transactions may become relevant in later estate disputes.

The law in some jurisdictions allows certain assets transferred before death to be taken into account when determining claims against an estate. The availability of these remedies depends on the state or territory and the facts of the case.

What should you do if you believe you've been treated unfairly?

If you're concerned about a family farm dispute, it's important to seek legal advice as early as possible.

An experienced wills and estates lawyer can help you understand:

• whether you're eligible to make a claim
• the strengths and weaknesses of your position
• what evidence may support your case
• the deadlines that apply
• the likely costs and outcomes involved

Obtaining advice early can also create opportunities to resolve disputes through negotiation or mediation before court proceedings become necessary.

Time limits apply

Strict time limits apply to estate disputes, and they vary between Australian states and territories.

In many jurisdictions, family provision claims must be commenced within a relatively short period following the date of death. Missing a deadline can affect your ability to pursue a claim.

If you believe you've been left out of a farm inheritance or inadequately provided for, it's important to obtain legal advice as soon as possible.

We're here to help

Family farm disputes can be emotionally and financially challenging. At Maurice Blackburn, we understand the complex issues that arise when farming properties and family expectations collide.

Our experienced lawyers can explain your options, provide practical advice and help you pursue a fair outcome. Your first consultation is obligation-free. After that, we work with you on a No Win, No Fee basis.

If you're involved in a family farm inheritance dispute, contact us today.