Inheriting herd number?

eamon11

hello,

wondering if anyone has been in a similar situation.

My father passed away recently and he is the herd owner. I am the legal herdkeeper. I will inherit half the farm, 2 other brothers quarter each. My brothers are not farmers and have no interest. No decisions have yet been made as to what they will do with theirs. However, I will farm my section and we are all in agreement that I will have the herd number. But is it as simple as that? Will I just inherit the number with the land? I would also gladly farm my brothers but as it will be a seperate owner, can we use the same herd number?
He wanted me to have the entitlements, but there is No mention in the will about the entitlements. Will my brothers entitlements then dissappear as they are not farmers?

Tks a lot,

Eamon

nhg

I am in same situation at the min, I'm in the process of transferring my Late Uncles herd no into my name, ring your local DVO and they will send you out the forms. You will need to have probate to prove that you are the owner, you might need your brothers to sign that the herd no goes into your name or if ye want to keep it in all your names that you are herd keeper. You will need maps etc, if you can get a copy of last years SFP application they will be attached to that (my Uncles Teagasc Adviser sent me out these as she had done the application for him). I had the Dept Inspection last week, no problems.

Could you lease the brothers land for the time being until you get properly set up with a view to possibly buying it in years to come, it would be terrible to see the home farm being sold. (My uncle was leasing land for years that my grandfather sold, god I'd only love to be able to buy it back especially as the farm is in one block with no having to cross roads with animals etc). I don't think your brothers will need to get a herd no themselves unless they plan on farming themselves.

Ring the subsidy section in the Dept of Agriculture in Portlaoise & they will send you out the form for the solicitor to get any payments that are due to the herd no paid into your solicitors account for this year. Spoke to a very helpful lady there & she told me to write to the Inheritance Department in Portlaoise & tell them that you are in the process of having the herd no transferred to your name at present & this will start to get you set up for the subsidies to be in your name for next year.

With regard to the Entitlements, strangely unless stated in the will, they go with the house & not the farm!

I never in my wildest dreams ever thought I would be a farmer, knew that my uncle had planned on leaving the farm to me but he was only 17yrs older than me so I suppose I never thought about it ever happening, i always assumed that he would sell the farm when he retired as he often spoke about moving into the town to live when he retired as he had planned on doing alot of travelling, unfortunately he passed away very suddenly at only age 60, neither myself or my husband are from a farming background, but we love it now, thankfully my husband used to help friends farming at weekends so he knows what he is doing & our friends & neighbours are brilliant with help & advise, we could'nt do it without them.

Best of a luck with everything.

vanderbadger

eamon11 wrote: »

hello,

wondering if anyone has been in a similar situation.

My father passed away recently and he is the herd owner. I am the legal herdkeeper. I will inherit half the farm, 2 other brothers quarter each. My brothers are not farmers and have no interest. No decisions have yet been made as to what they will do with theirs. However, I will farm my section and we are all in agreement that I will have the herd number. But is it as simple as that? Will I just inherit the number with the land? I would also gladly farm my brothers but as it will be a seperate owner, can we use the same herd number?
He wanted me to have the entitlements, but there is No mention in the will about the entitlements. Will my brothers entitlements then dissappear as they are not farmers?

Tks a lot,

Eamon

you will probably want to get help with the paperwork from ag consultant, be careful with the transfer of entitlements, this caused me alot of trouble, the end result was I got no farm payments 1 yr because of paperwork problems and got 2 sets of payment the next year which caused a major headache for the accountant

eamon11

wow nhg,

you are so free and helpful with your advice that I am deeply indebted to you.
Tks to u too van. I will keep it in mind.

Can you tell me how long the process takes normally? I wonder would a copy of the will be sufficient as probate for portlaoise.

My sister has the house and my mother still lives there. They will not be farming nor will they have or want anything to do with it. Herd number will not be in their name. However the house, in my fathers will is left to one of my brothers, who will soon return to Australia. How will that work? I dont know how entitlements can go with a house? Entitlements are for parcels of land which must be maintained. A house has nothing to do with these? Does that mean all the entitlements will be lost? And what about the DAS? Where does that go?

nhg

Your Solicitor will be best at advising on entitlements & he will be the one to sort the transfer of same. I was very surprised when the Solicitor told me this, as you said i assumed they would be attached to the land & not the house. I was sole beneficiary so I had no other issues.

From start to finish our Solicitor had probate in 4 mths & all other paper work tidied up which I assume is very fast. I tried to do as much as possible myself, no point in paying a solicitor large fees to follow up on a banks, herd no etc

A letter from the solicitor & a copy of the will would suffice I would say for the DVO to set you up as the new herd owner as you are already the herd keeper. Portlaoise will want probate, i just waited until I had probate. I found anyone that I spoke to in both the department in Portlaoise & our local DVO to most helpful.

Keep the paperwork moving, it's a pain so no point in prolonging it.

eamon11

many thanks nhg