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A farming family

04 January 2011
Issue: 4286 / Categories: Forum & Feedback , Land & property , Trusts
A farm is owned by the members of a farming family, but part of their interest is apparently owned by a trust created on the death, intestate, of the father

We act for a farming family partnership comprising a husband (A) his wife (B) their daughter (C) and A’s sister (D).

The father (E) of A and D was also a partner up to his death on 21 April 1973 and their mother (F) was a partner up until her death on 11 January 2007.

C became a partner on 14 February 2007.

The father (E) owned the land farmed by the partnership (then between E A and F) and died intestate.

The land formed part of the residue of E’s estate and under the then intestacy rules his wife (F) acquired a life interest in one-half thereof and A (son) and D (daughter) acquired one-quarter each.

On F’s death her interest in the property passed to her granddaughter C.

Because E died before 13 November 1974 the life...

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