Registered farm partnerships (RFPs) have moved from novelty to mainstream in Irish farming: parent and successor farming as partners before the transfer, spouses formalising joint operations, neighbours combining complementary enterprises. The attractions are real, but every one of them rests on documents — and the undocumented family partnership remains one of the most reliable generators of farm disputes we see.
Mary Molloy Solicitors are solicitors, not tax advisors. Tax information on this page is general in nature. You should obtain advice from a qualified tax advisor or accountant on your specific circumstances; we regularly work alongside clients’ accountants when implementing farm transfers.
The Structure
An RFP is an ordinary partnership at law, registered with the Department of Agriculture on foot of compliant documentation: a written partnership agreement (partners, capital, profit shares, drawings, decision-making, retirement, death, dissolution) and an on-farm agreement dealing with the land, buildings and facilities each partner makes available. Land itself normally stays out of the partnership, licensed in by its owner — a structural choice that protects ownership and keeps the succession plan in the family’s hands rather than the partnership’s.
Why Families Register
- Access to supports and scheme treatments available to RFPs, and enhanced stock relief for qualifying partners (your accountant advises on current incentives);
- A formal role and profit share for the successor years before the deed — commitment made visible;
- A paper trail of the successor’s active farming that supports the family’s wider relief planning;
- For qualifying families, the succession farm partnership: a registered commitment to transfer at least 80% of farm assets to the successor within a three-to-ten-year window — the handover on a timetable.
The Pitfalls
The failures are always documentary: agreements copied from templates that contradict how the farm actually runs; land drifting into partnership property because nobody licensed it in; profit shares that ignore who contributed what; no mechanism for the parent’s retirement or the successor’s buy-in; and partnership agreements that ignore the partners’ wills — or wills that ignore the partnership. A partnership is a legal structure carrying the family’s livelihood: it deserves drafting, not downloading.
Setting Up or Fixing a Partnership?
We draft partnership and on-farm agreements that match how your farm actually works - and dovetail with the wills.
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About the Author
Richard O’Shea TEP, Solicitor practises with Mary Molloy Solicitors (established 1981), advising farming families across Ireland on farm transfers, succession planning, wills, probate and agricultural property matters. As a STEP-qualified Trust and Estate Practitioner, Richard specialises in the legal structuring of intergenerational farm transfers, working alongside each family’s accountant and tax advisor. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.