As one of the contributing speakers at Chambers' 2025 Business & Property Conference, Trinity barrister, James Kemp, delivered a talk entitled:
‘Diddly Squat: Agricultural Land, Partnerships and Probate’
James’ session explores the legal issues that arise when a farming partner dies, including automatic dissolution under the Partnership Act 1890, the rights of personal representatives, and the risks of conflicts of interest where a surviving partner is also an executor. His talk also examines when representatives may force a sale and how surviving partners can continue the business.
With reference to relevant case law, such as Merryman v Merryman, Yafai v Muthana, Ham v Bell and Wild v Wild, James reviews how the Courts determine whether land is a partnership asset. The talk also covered succession to agricultural tenancies and the importance of clear drafting in Wills, including incorporation of documents and solicitor duties where land descriptions are ambiguous.
There is a handout that accompanies the session. If you do not have a copy and would like one, please email stevew@trinitychambers.co.uk.
This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.