A recent statutory instrument came into effect on the 21st November 2017, which alters the way single farm entitlements are distributed in wills.

Previously, single farm entitlements could be directly passed onto specific beneficiaries in a will. If the will was silent on the issue, then the single farm entitlements fell into the residuary estate and passed to the residuary beneficiaries in the will.

For all wills created after the 21st November 2017, where the will does not specifically mention single farm entitlements, they will transfer with the land, to the beneficiary of those lands. This does not affect circumstances where the will dictates the destination of those entitlements.

This is something to be aware of in succession planning.