Business property/ care home fees question.

[Feckedupbundle]

My dad has died and left my mum his share of the family business. She now owns 50% of it,with two other family members owning 25% each.
The business is a small family farm,which is worked on by all of us and has been in the family for almost 100 years. The business is run as a partnership,so no legal distinction between business and personal financial affairs. With this being the case,we don't know if she,or any of the other partners needed residential care,could she or they be forced to sell their percentage of the business,ie land to fund it?

It's a concern as we are so small that any loss of land would make the whole farm unviable,and with all the business partners now in their 80's ( and still working) ,it wouldn't take much to lose everything.

We are going to reassess after the election,and seek professional advice,but just wanted to gauge what the rules are so we aren't going in completely blind.
If anyone could advise,I'd be very grateful.
Thank you.

Contact the NFU, they’ve a lot of experience advising on cases like this. Whilst a share in a farming partnership is not classsifed as disregarded capital and would be brought into account in the LA assessment, when establishing value, specifically the beneficial interest of each partner’s share in the property only, the LA have to show a market for each share and a willing buyer.

As she’s elderly, you don’t say how old, she’s only just received the share. I would have asked the executors to vary the will as it’s caused a problem. Could she now do this? Give it away to younger members of the family? The share is too large.

You need legal advice and I agree with @ComtesseDeSpair the NFU are probably best places to advise solicitors with expertise in this area.

Thank you everyone,I'll contact the NFU and see what they say. Mum has just turned 80 and is still working on the farm.
She is considering passing her share on to my sister and I,but that throws up issues too,so we need to tread carefully.

I appreciate everyone's input.