Why every family business needs a will
A Hampshire farm that once hosted the popular children’s television show Teletubbies and now home to a successful farm shop is at the heart of a bitter high court row over its future ownership following the death of is pioneering founder.
The farm shop and 200-acre farm, established in 1971 and operating as a partnership, has grown into a successful £6.6 million business when its founder, Peter Mashall, passed away in 2017.
Leaving no will, his death has pitched his widow (and daughter) against her two sons over the future of the business. The widow and daughter would like the business wound-up with the proceeds shared between surviving family members, whereas the two sons, who handle the day-to-day running of the business, want to keep the business in family hands.
The argument is complex, with questions raised over whether the farmland falls into the partnership agreement and the financial position of the widow. Unable to resolve differences, the family have turned to the courts.
Make a will – and how to talk about
This case should serve as a stark reminder of what can happen when the founder of a family business dies without a will.
Whilst most business owners would not set out to leave their affairs in disarray, it remains surprising that many still do fail to put proper succession planning in place – often creating unnecessary stresses and challenges for remaining family members.
For entrepreneurs, a will is not simply a personal document – it’s a critical piece of business planning.
A well-drafted will can do far more than divide assets. It can set out whether a business should continue, be sold, or passed to particular family members. It can clarify how partnership interests should be treated on death, and it can balance competing interests – for example, allowing active family members to retain control of the business while ensuring a surviving spouse or other relatives are financially protected.
Crucially, a will can also reduce the risk of disputes escalating into costly litigation. Court battles are emotionally draining, financially damaging, and can threaten the very survival of the business while proceedings drag on.
Discussing intentions with family members before finalising a will can prevent shocks, manage expectations and allow those involved in the business to plan for succession. It can also provide a forum to address sensitive issues before they become irreconcilable.
Ultimately, the case, as yet unresolved, is a reminder that succession is both a legal and emotional issue. Taking the time to plan properly – and talk openly – can be the difference between a smooth transition and a bitter family rift.
Contact our Private Client Solicitors
For further advice or guidance on preparing a Will and Estate planning, contact our Private Client Solicitors.
If you are in need of advice or assistance on any of the legal issues mentioned in this article, please contact any member of our experienced Private Client team on 020 7631 4141 or email privateclient@bishopandsewell.co.uk
The above is accurate as at 22 January 2026. The information above may be subject to change.
The content of this note should not be considered legal advice, and each matter should be considered on a case-by-case basis.
