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Understanding will clause

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  • Understanding will clause

    Hi, Im hoping someone can help me understand the following part of my late mothers will:
    my trustees shall hold the net proceeds....

    (a) pay off debts (paraphrased),
    (b) upon trust absolutely for such of my son X and my son Y as shall survive me and attain the age of 18 years..... and attained a vested interest under this my will PROVIDED THAT if the trusts declared by this sub clause (b) shall fail entirely and subject thereto * * * * * *
    * (C) upon trust absolutely for such of my husband and my brother as shall survive me and in equal shares of more than one.


    Im a compete novice at this and not in a position to appoint a solicitor, does this mean that the funds would be split four ways, or that it would go to the two sons unless both had died in which it would go to the husband and brother?

    thank you in advance*
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  • #2
    des8
    Peridot


    Any thoughts on this? A bit greek to me. I have a feeling that a scan of the actual page of the will so it is in context will be useful ( suitably redacted of names )
    #staysafestayhome

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    • #3
      Hi
      I read that as meaning the proceeds are in trust for the 2 sons until they attain the age of 18.
      If they die prior to reaching age 18 the proceeds are held in trust for husband and brother .

      HOWEVER, the language of wills is archaic because every word (almost!) has been dissected in court and has specific meanings, so if Peridot doesn't put in an appearance I would recommend a visit to a solicitor.
      A fixed fee consultation, the cost of which will be met by the estate if you are the executor, should give you the professional guidance you need.
      Don't forget as executor, if you get it wrong, you could become liable for any errors.

      Comment

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