The legal risks and impediments of estate and succession planning in rural New Zealand

Abstract

The purpose of this paper is to consider the legal risks and impediments of estate and succession planning in rural New Zealand. The success of New Zealand's rural industry is driven by the most appropriate people, farming families. The success of rural communities largely rests upon the proper succession of farms (normally family farms) to successive generations. In my desire to better understand estate and farm succession planning I reviewed the case law in New Zealand that involved farming families. By reviewing these cases I was able to better understand where lessons could be learned and how ineffective some farming families have been in trying to achieve a succession plan when the very best of intentions were present.