Lovett & Green

Lovett & Green A boutique agrilaw firm specialising in succession planning, rural property and water law.

A family trust does not automatically put the farm out of reach.In May the Full Court handed down its decision in Caldwe...
02/09/2026

A family trust does not automatically put the farm out of reach.

In May the Full Court handed down its decision in Caldwell and Caldwell. The case involved three discretionary family trusts set up by the husband's father, holding wealth built through a family business across four generations. On appeal, the Court found the assets of those trusts were property of the husband for the purposes of a property settlement.

What decided it was control.

🌾 He could remove the couple's adult sons as appointors of the trusts
🌾 He held voting rights in the trustee companies
🌾 He was a beneficiary the trustee was able to distribute to
🌾 He had never taken a distribution, and had never used those powers

That last point is the one worth sitting with. Having the power was enough. He did not have to use it.

For farming families the lesson is not that trusts fail. It is that the control provisions in the deed carry more weight than most people realise. Who holds the appointor role. Who can remove a trustee. Who owns the shares in the trustee company. Those clauses decide how the structure holds up when it is tested.

If the farm sits in a trust and no one has read the deed in years, that is worth a look. Book a time to go through it with our team: https://lawtap.com/au/law-firms/lovett-green-solicitors

If you pass away without a valid will, the law decides who gets the farm. Not you.It is a hard thing to think about, but...
28/08/2026

If you pass away without a valid will, the law decides who gets the farm. Not you.

It is a hard thing to think about, but for farming families the consequences are bigger than most.

Without a will, your estate is distributed under a fixed legal formula. That formula does not know which child works the land, what the family agreed, or how to keep the farm running as one operation.

That can mean:
🌾 The farm divided in ways that make it hard to keep going
🌾 Delays and cost while the estate is sorted out
🌾 Tension between family members at an already difficult time
🌾 Outcomes no one in the family actually wanted

A clear, current will is one of the simplest ways to protect the farm and the people who depend on it.

If you do not have a current will, or it has not kept up with the farm, our team can help. Book a time to get it sorted: https://lawtap.com/au/law-firms/lovett-green-solicitors

The structure your farm sits in shapes almost everything, from tax to succession to who has control.Many farms are held ...
26/08/2026

The structure your farm sits in shapes almost everything, from tax to succession to who has control.

Many farms are held through a trust, a company, a partnership, or a mix of all three. Each one behaves differently, and the right fit depends on the family and the farm.

A few things structure affects:
🌿 How income is shared across the family, and how it is taxed
🌿 How ownership and control pass to the next generation
🌿 How the farm is protected if something goes wrong
🌿 How easily the operation can adapt as the family changes

The structure that suited the farm twenty years ago may not be the one that suits it now, especially with tax rules shifting.

Not sure the structure holding your farm still fits? Our team can review it with you. Book a time to talk: https://lawtap.com/au/law-firms/lovett-green-solicitors

For over 130 years, farming families across regional New South Wales have trusted this firm with what matters most.That ...
24/08/2026

For over 130 years, farming families across regional New South Wales have trusted this firm with what matters most.

That is a long time. Long enough to see droughts and floods, good seasons and hard ones, and generations of the same families come through our doors.

What has not changed is the work itself. Helping farmers, landowners and agribusiness owners protect their land, their business and their legacy.

🌾 We have grown up alongside the communities we serve
🌾 We understand the history behind the structures and agreements on the land
🌾 We are still here for the long game, not just a single matter

130 years on, we are as committed to rural and regional New South Wales as ever.

If you would like a team with deep roots in rural law in your corner, we are here. Book a time to talk: https://lawtap.com/au/law-firms/lovett-green-solicitors

A rural property can look perfect on inspection and still hold surprises in the paperwork.Buying farmland is rarely as s...
21/08/2026

A rural property can look perfect on inspection and still hold surprises in the paperwork.

Buying farmland is rarely as simple as buying a house. What sits behind the front gate matters just as much as the land itself.

Before you sign, it is worth checking:
🌱 What water entitlements are included, and whether they transfer
🌱 The title, boundaries and any easements over the land
🌱 Zoning, permitted use and any environmental or biosecurity obligations
🌱 Leases, licences or agreements already in place on the property
🌱 What is actually included in the sale, from infrastructure to plant

Picking these up early is far easier than dealing with them after settlement.

Buying a rural property? Get the legal side checked before you sign. Book a time to talk with our team: https://lawtap.com/au/law-firms/lovett-green-solicitors

Owning a water access licence is not the same as owning the water. It pays to know the difference.In New South Wales, wa...
19/08/2026

Owning a water access licence is not the same as owning the water. It pays to know the difference.

In New South Wales, water is managed separately from land. A water access licence gives you a legal entitlement to take water, but what that entitlement actually allows can surprise people.

A few things worth understanding about your licence:
🌾 The licence type and category shape how much water you can take and when
🌾 Your annual allocation can change from year to year with conditions and availability
🌾 Licences can be bought, sold and transferred separately from the land
🌾 Access is only secure once the licence is correctly held and registered

Two properties can look the same on paper and have very different water security underneath.

Not sure what your water access licence actually gives you? Our team can help you understand it. Book a time to talk: https://lawtap.com/au/law-firms/lovett-green-solicitors

Handing over the farm is not a single moment. It is a handover that works best when it is planned.Most farming families ...
17/08/2026

Handing over the farm is not a single moment. It is a handover that works best when it is planned.

Most farming families want the same thing. They want the next generation set up to succeed, and they want relationships to stay intact along the way.

Getting there usually comes down to a few steps:
🌱 Start the conversation early, before a health scare or a sale forces it
🌱 Be clear about who takes over, and when control actually passes
🌱 Put the structure in writing, not just in everyone's heads
🌱 Plan for the children on the farm and those building lives off it
🌱 Make sure the parents' own security is part of the plan

Done well, a handover protects the farm and the family at the same time.

Thinking about passing the farm to the next generation? Start the conversation with our team: https://lawtap.com/au/law-firms/lovett-green-solicitors

Everything you have built deserves to outlast you. That is what good planning protects.For farming families, the work is...
14/08/2026

Everything you have built deserves to outlast you. That is what good planning protects.

For farming families, the work is never just about this season. It is about the land, the business and the people who come after.

Protecting that takes more than a single document. It means the ownership structures, the agreements and the plans all pulling in the same direction.

🌿 Legacy is what you leave behind, and how well it holds together
🌿 Family relationships are worth protecting alongside the assets
🌿 Clear planning turns uncertainty into something the next generation can trust

Getting it right is about more than legal paperwork. It is about protecting everything you have built.

If you want to make sure what you have built is protected for the next generation, our team can help. Book a time to talk: https://lawtap.com/au/law-firms/lovett-green-solicitors

A change to New South Wales water law has been widely debated this year, and if you hold land near a river or wetland, i...
12/08/2026

A change to New South Wales water law has been widely debated this year, and if you hold land near a river or wetland, it is worth understanding where it leaves you.

The Water Management Amendment (Easements for Inundation) Bill 2026 passed the NSW Legislative Council in May 2026. It deals with inundation easements, which allow certain land to be flooded in a controlled way as part of managing environmental water flows.

The change has drawn strong views. Farming and irrigator groups have raised concerns about consultation and compensation where land is affected. The Government has described the changes as administrative, aimed at managing environmental flows that already move across some private land.

What matters for landholders:
🌱 Whether your land could be affected depends on its location and existing arrangements
🌱 Easements over land carry long term legal effects that are worth understanding
🌱 If you are ever approached about an easement, get advice before you sign anything

If you are unsure where a water or easement matter leaves you, our team can help you understand your position. Book a time to talk: https://lawtap.com/au/law-firms/lovett-green-solicitors

A will decides who gets what. A succession plan decides how the farm keeps running.They are not the same thing, and assu...
10/08/2026

A will decides who gets what. A succession plan decides how the farm keeps running.

They are not the same thing, and assuming a will covers succession is one of the most common mistakes we see.

A will takes effect after you pass away. Farm succession is about the years before and after that, including how ownership, control and income move to the next generation.

A will on its own often does not deal with:
🌾 Who runs the farm day to day, and when control actually passes
🌾 How the business structure, trusts or partnerships fit together
🌾 Leases, licences and agreements that keep the operation going
🌾 Fair treatment of children on and off the farm

A will is an important piece. It is just one piece.

If your plan for the farm is a will and not much else, it may be worth a closer look. Book a time to talk it through with our team: https://lawtap.com/au/law-firms/lovett-green-solicitors

Address

91 Dubbo Street
Warren, NSW
2824

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Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+61268474701

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