How Do You Treat Your Off-Farm Children Fairly in Succession Planning?

Balancing fairness and practicality in succession planning is a challenge faced by many farming families in Western Australia. With skyrocketing land values and the significant financial disparity between on-farm and off-farm assets, how can you ensure all your children are treated equitably while preserving the farm’s legacy?

At Granich Partners, we specialise in crafting tailored succession and estate plans that navigate these complexities, helping families like yours secure a future for both farm and off-farm children.

Fairness Doesn’t Always Mean Equality

The core issue lies in balancing decades of dedication by farming children with the financial needs of off-farm children who may have pursued independent careers or businesses. Simply leaving off-farm assets to non-farming children may seem straightforward, but these assets are often only a fraction of the farm’s value.

A thoughtful approach, combining conditional gifts and innovative legal strategies, can help bridge this gap.

How Conditional Gifts Can Create Balance

Conditional gifts are powerful tools in succession planning. They allow you to gift property or assets to one beneficiary while legally requiring them to provide financial benefits to others. Here are examples of how they can work:

1. Monetary Payments from Farming Children

• Farming children may receive specific assets, such as farming equipment or land, on the condition that they pay a lump sum or instalments to off-farm siblings.

• Payment schedules can include provisions for contingencies, such as drought or market downturns, to ensure feasibility.

2. Purchase Rights for Off-Farm Children

• Off-farm children may inherit a portion of farming property with a condition allowing farming children the right to purchase it at full market value - or a discounted rate - over time.

3. Leasing Arrangements

• Off-farm children could inherit farming land with a condition that farming children lease the property at market or reduced rates for a specified period.

4. Trust Structures

• In cases where farming assets are held in a trust, off-farm children can receive financial benefits (e.g., income distributions) while farming children retain control of the trust.

Benefits of Conditional Succession Plans

These arrangements offer practical solutions:

• They increase financial benefits for off-farm children while preserving the farm’s operational continuity.

• Farming children can use the farm’s income to meet financial obligations to off-farm siblings, reducing stress and financial strain.

• Conditional gifts ensure fairness without jeopardising the farm’s future.

Why Choose Granich Partners for Succession Planning in WA?

At Granich Partners, we have over 40 years of experience helping families and agribusinesses in Western Australia navigate the complexities of succession planning. Our expertise in crafting customised solutions ensures your family’s unique circumstances are addressed with sensitivity and precision.

We specialise in:

• Tailored Succession Plans: Balancing farm and off-farm assets fairly.

• Trust Structuring: Preserving farm operations while supporting non-farming children.

• Tax-Efficient Solutions: Minimising liabilities, such as capital gains tax.

Whether you’re preparing to pass on a family farm or looking to secure financial fairness for all your children, our team is here to guide you every step of the way.

Start Planning Today

Succession planning is essential to preserve your family’s legacy while ensuring fairness among your children. Contact Granich Partners today to schedule a consultation and find out how we can help you develop a succession plan that works for everyone.