If you face a generational change, or sale or purchase of agricultural property, there are many factors that require thorough consideration.
At INTERLEX Advokater, we have extensive specialist experience in agricultural legal factors and company structures and can therefore counsel you through the entire process, from the initial thinking and until the agricultural enterprise is transferred.
Everything linked with agricultural property is planned down to the last detail today, including fertilisation plans, field plans, aftercrops, etc. But often no plan has been prepared for the transfer of an agricultural enterprise in good time.
At INTERLEX Advokater we can work with you to prepare a development plan, including provide legal counselling about the taxation aspects and the contractual and legal matters concerning your enterprise, which must be in place before any transfer.
If you have made verbal agreements with a lease, a hunter, a tenant or others, it is important to have these written down, so that your enterprise appears manageable and well run and does not present any surprises.
Last will and testaments and prenuptial agreements must also be taken into consideration in the chosen model for generational change. If you want a smooth generational change, i.e. a generational change that occurs on several levels, it is important to have a last will and testament made, which ensures the implementation of the generational change should the selling farmer die during the process.
If a gift is made to the transferee in connection with the generational change, the transferor may have an interest in creating a last will and testament, in which other children are taken into account in the case of the death of the transferor.
If the agricultural property must be separate property for the transferee, the separate property type must be established, and a prenuptial agreement created.
By choosing INTERLEX Advokater, you acquire a legal counsellor with sound knowledge and experience in the generational change of agricultural enterprises, the purchase and sale of agricultural property, and a legal counsellor who can deal with all of the complicated processes that have to be carried out.
