A leading solicitor is urging farmers to formally legalise agreements around the future of their farms following the publication of a groundbreaking study on farmers and dementia.

The in-depth research, which was carried out by Plymouth University with support from Seale Hayne Educational Trust and the Farming Community Network, and is the UK’s first ever to address dementia in farming and rural communities, revealed that farmers had few plans in place to protect their businesses from the effects of dementia.

It also found that farmers were often concerned about what might happen to the farm but reluctant to take steps to address the issue, that few had kept their wills up-to-date, and that crucial legal steps such as setting up a Lasting Power of Attorney to ensure someone could take over the operation of the business were not being carried out.

The findings echo the experiences of solicitor John-Paul Dennis, partner at leading law firm Kirwans, who regularly acts for farmers looking to safeguard the future of their business.

“This type of research is vital, as it highlights the very real problems that are happening right now as a result of a failure to prepare for ill-health or death,” said John-Paul.

“Time and time again we see farming families being put under unnecessary but immense stress purely because plans were not put in place.

“As Dr Claire Kelly, one of the authors of the report, said, a farm is more than a business; it is an integral part of family life, so the loss of it in the event of ill health can be absolutely devastating.

“Plans to hand over financial responsibility for the farm can indeed take months to put in place if the owner becomes unable to act for themselves, and in that time businesses can easily go under. That’s why it’s so important to make arrangements long before they appear to be needed, so that should the worst happen, the farm is able to continue operating as a business.”

One of the main recommendations of the team’s findings is to plan ahead for the eventuality of ill health. Here, John-Paul sets out the five most important legalities farmers should prepare in order to safeguard the future of their farms.