What happens when farmland is sold in a trust?
James Craig
Published Feb 24, 2026
The Sale of Farmland (or Other Business Assets) Placed in Trusts : Articles : Resources : CLA (CliftonLarsonAllen) A person inheriting a farm naturally assumes they will receive a step-up in basis to fair market value which would allow them to sell the land for little or no gain. However, these heirs may get an unpleasant surprise.
Is it easy to pass on farmland to heirs?
Passing on the farmland fairly is not as easy as giving your heirs cash, stocks or bonds. As you consider estate planning, you might feel the desire to keep your land in the family without unnecessarily tying your heirs’ hands.
When was the New Farm law passed in India?
Lok Sabha: The Bill was introduced in Lok Sabha on 14 September 2020, passed in Lok Sabha on 17 September 2020. Rajya Sabha: It was passed in Rajya Sabha on 20 September 2020. Presidential Assent: The Bill received Presidential Assent on 24 September 2020. Introduced by: Minister of Agriculture and Farmers Welfare, Narendra Singh Tomar
When do the new farm laws come into effect?
As Farmers’ agitation against three contentious Farm Laws entered day 34 (on 29 December 2020), the Farmer’s Union on 29 December 2020 has accepted Centre’s proposal to hold sixth round of talks.
How is real estate distributed in a trust?
Of course, the real estate can always be sold and the proceeds distributed to the Trust beneficiaries. But real estate can also be deeded out of the Trust and into the name of the Trust beneficiaries as joint owners.
Can a trust take over a family farm?
Yes, it is through a family trust. There’s a family trust known as the discretionary trust. This trust is an amazing way of protecting the family farm as well as dividing the income from the farm to reduce taxation. Now, it is a trust which takes over the asset of your family, in your case the family farm.
How does a trustee sell a trust property?
The trustee will need to engage a real estate agent to market the property and a solicitor to prepare the contract for sale and act on the conveyance. To ensure the property sells for fair market value and to avoid any breach of trust claim for not obtaining the best price possible, it is prudent to sell by a properly marketed public auction.