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Question (Category: Estate Law)
A son is left a life interest in farming properties as long as he continues to farm the said land with the expectation that Agricultural pursuits will continue in partnership between the company left to the Testators wife and the company controlled by his son as it does at the time of the making of this will until the death of the wife of the Testator.The Testators wife has since relinquished her interest in the company passing her interest to her son with other shares held by his two sisters. In the event of the son ceasing to farm the land it is to be sold and the proceeds divided equally between his 3 childrenAgricultural pursuits have diminished significantly and most of the income is derived from the sale of water from water rights existing on the property at the time of the making of the will.The water rights existing at that time were for irrigation, livestock and domestic use but were later changed to Commercial purposes.Can it be argued the land should now be sold. Optional Information:State/Country: AustraliaAlready Tried:Have sought clarification from the son about his activities and his intentions, but he simply claims he will farm the land untils he dies. Have sought general legal opinion but it is mixed because of the definition of farming. While some farming activities are being conducted there is either no net income after expense or insufficient income to provide for normal expenses and living costs of the son. The last known result showed net profit from all activities was less than the gross income from Agricultural pursuits. Advice received indicates that sale of water extracted from bores is mining and not agriculture. Previous operations conducted by the Testator and his son utilised a far greater portion of the land and was the main if not at times the sole source of income for the Testator and his son.



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