Protecting the Family Farm Means Planning for the Unexpected Too

Most conversations about the future of a farm focus on one moment: the eventual transfer to the next generation. That is an important part of succession planning, but it is not the only part.

There is another question worth asking. What happens if the farmer is still alive, but can no longer make decisions about the farm, the finances, or the family home?

It is not a comfortable question, but it is a practical one, and it belongs in the same conversation as any other succession planning.

Succession planning covers more than what happens after death

Wills deal with what happens to a farm when someone dies. They do not deal with what happens if that person is still living but unable to make decisions, whether through illness, injury or a decline in health.

A farm often has no clear answer to that second question, simply because it has never been asked. Families assume that a spouse, a son or a daughter will step in and manage things. In practice, without the right structure in place, that is not always straightforward.

Why a current will still matters

A will is the starting point, but it needs to reflect the family’s situation as it is now, not as it was ten or twenty years ago. Land may have changed hands informally. Children may have taken on different roles. An outdated will can create confusion at exactly the time a family needs clarity.

The risk of relying on assumptions

Many farming families assume that everyone knows what would happen if the current farmer became unable to manage the farm. In reality, assumptions are rarely tested until they are needed, and by then it can be too late to correct them.

Without clear authority in place, decisions about running the farm, paying bills, or dealing with the bank can become far more complicated than families expect, even where relationships within the family are good.

What an Enduring Power of Attorney does, at a high level

An Enduring Power of Attorney allows a person to choose, in advance, who would manage their affairs if they lost capacity to do so themselves. It is a legal structure that puts a clear answer in place before it is needed, rather than leaving the family to work it out during a difficult time.

Because it depends on the person having capacity when it is put in place, it needs to be considered while the farmer is still well and able to make that decision. This is not something that can be arranged after the fact.

Why farms are particularly exposed

On many farms, the business and the family are closely tied together. The person who runs the farm often also owns the land, holds the bank accounts, and makes the day-to-day decisions that keep everything running. If that person becomes unable to make decisions, the farm itself can be affected just as directly as the family.

Consider a farming couple in their sixties. The husband manages the farm’s finances and dealings with the bank, while the wife focuses on the household and family matters. If he became seriously ill and unable to make decisions, without the right structure in place, she could find herself unable to act on his behalf when it matters most, even though they have always run things together.

Why farms are particularly exposed

On many farms, the business and the family are closely tied together. The person who runs the farm often also owns the land, holds the bank accounts, and makes the day-to-day decisions that keep everything running. If that person becomes unable to make decisions, the farm itself can be affected just as directly as the family.

Consider a farming couple in their sixties. The husband manages the farm’s finances and dealings with the bank, while the wife focuses on the household and family matters. If he became seriously ill and unable to make decisions, without the right structure in place, she could find herself unable to act on his behalf when it matters most, even though they have always run things together.

Knowing who is authorised to act

Part of protecting the family farm is making sure that everyone knows, in advance, who is authorised to make decisions if something changes unexpectedly. This removes uncertainty at a time when families are already dealing with enough.

A practical step, not a difficult one

Putting these structures in place does not need to be complicated, and it does not need to happen all at once. It starts with a conversation about what currently exists, what might be missing, and what the family would want to happen if circumstances changed.

If your family has not reviewed your will recently, or has not considered who would be authorised to act if the current farmer lost capacity, it is worth having that conversation. Orbitus works with farming families across Kerry on this kind of practical planning, alongside the wider succession picture.