Family members involved in farming operations may unwittingly create various partnerships over many years. These have significant legal consequences that may only become apparent in a moment of crisis, such as the death of a family member or a family fallout. To avoid protracted disputes and further breakdown of relationships, it is always advisable to ensure that partnership agreements and wills are consistent and correctly reflect the intentions of the parties.

A recent case highlights the importance of ensuring your company’s articles of association and shareholders’ agreement accurately reflect your intentions, particularly in scenarios such as dismissal, retirement, or death. The judgment serves as a reminder that vague or outdated provisions, especially around leaver provision and share valuation, can lead to costly disputes and unintended outcomes. Business owners should regularly review these documents to ensure they provide the protection and clarity needed at critical moments.

A leading disputes lawyer believes a “growing insurance war” could last longer than the Covid-19 crisis which has sparked it. Several small businesses across the UK have voiced their anger around being denied insurance pay-outs despite believing they were specifically covered against the global pandemic.

Court cases involving family trusts might be presumed to be rather dry. Not so. Many family-related disputes involve an unavoidable amount of dirty linen being washed in public as each side seeks to gain the advantage. In Marcus v Marcus, a new level of intimate detail was revealed as the court had to consider if the alleged illegitimacy one of the parties precluded them from benefiting from a Settlement Trust.

Mediation is a well known tool amongst those familiar with disputes. It can be very effective in clearing a way to settlement, but it can also sometimes feel like a rather unsophisticated ‘cutting of the cake’, purely to avoid the costs risk of losing at court. There are more subtle alternatives, that might allow the parties to settle but within a framework that more clearly reflects the legal merits - for example, expert determination or early neutral evaluation.

Although most never reach a final hearing at court, the number of will-related disputes is growing year on year. Contesting a will is rarely straightforward: it is a complicated legal process requiring careful management and is often emotionally and financially draining. This article endeavours to explain the practical considerations of this type of litigation and how to minimise the attendant risks.

Entering business is usually a carefully planned undertaking, however, this may not always be true of a partnership. Where family members, often across different generations and over many decades, are involved in a farming operation, they may unwittingly create various partnerships. All partnerships – even those that are unconsciously entered into – have significant, immediate and longer-term legal consequences which often only to come to light in a moment of crisis, such as the death of a family member or a family fallout. To avoid protracted disputes and further breakdown of relationships, it is always advisable to ensure that partnership agreements and wills are consistent and correctly reflect the farm family’s intentions.

Alternative dispute resolution (ADR) offers other way to deal with a dispute than the Courts.

Mediation is a form of “alternative dispute resolution” (ADR) involving a third party neutral mediator seeking to resolve the dispute between parties on a face to face basis, normally lasting one day.

Contentious probate is the umbrella term for any dispute relating to a person's estate after their death.