A Tale of Two Landowners

(apologies to Dickens)

By Scott MacFaden, Director of Land Protection

Life is full of mundane obligations and chores that we all tend to defer until the last possible moment: replacing our vehicle inspection stickers; putting out the trash; pulling down the storm windows; a visit to the dentist; and for all too many folks, carrying out estate planning.

Estate planning is the process of ordering one’s affairs well in advance of an illness,
incapacitation, or death. Planning in this way can greatly minimize family or financial
conflicts that may arise following an individual’s passing, and usually allows for
more efficient and structured administration of an estate. Just as important, estate planning enables individuals to control the future distribution of their assets.

Given that the most valuable asset held by a majority of individuals is their land, estate
planning is especially critical for those landowners who want to see their lands conserved.

The Trust’s recent experiences with two Taunton River watershed landowners are particularly instructive in this regard. Both landowners possessed a strong conservation ethic, wanted to preserve their land, and made their intentions known to us. However, the outcomes of each situation differ dramatically. One landowner took great care in crafting a will that clearly stated her wishes for her property and worked with the Trust to plan ahead for her property’s future. Although the second landowner had prepared a will, and intended to amend it to reflect his conservation intent, he waited too long and, in fact, passed away just days before he was scheduled to meet with his attorney.

As a result, the anticipated bequest of his land to the Trust did not occur and an outstanding property is now for sale to the highest bidder instead of under the Trust’s perpetual care. However unappealing the process of ordering one’s affairs might be, it is the only effective means of ensuring that your successors honor your intentions. Whatever your situation, but particularly if you wish to see your land permanently conserved, we urge you to take steps now to ensure that your wishes become reality.