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Hello everyone,
Included in the Will is the following statement:
"my (father's) trustees shall join with my said son (Anon - on of three surviving children and beneficiaries) in selling the property if my said son makes a written request to that effect and my Trustees shall comply with any reasonable request made by my said son to exercise their power in or towards the provision of another residence to be held on the same terms."
The problem here is Anon has moved out - he can provide his own property! - and the Will does not accommodate the fact that provision of alternative property isn't required.* Does this nullify the entire statement above?* Or can the property be sold, given that there is no need to provide provision for alternative accommodation, and the money placed within the trust fund?*
That is our wish.* We'd like to place everything in the trust and then purchase a property with the fund for our brother which was the Testators stated aim to the beneficiaries.* The trust isn't needed.
The trustees are a group of solicitors.* There are also many questions about the Testators capacity but that is a separate issue.
Many thanks,
Beneficiary P
*
Included in the Will is the following statement:
"my (father's) trustees shall join with my said son (Anon - on of three surviving children and beneficiaries) in selling the property if my said son makes a written request to that effect and my Trustees shall comply with any reasonable request made by my said son to exercise their power in or towards the provision of another residence to be held on the same terms."
The problem here is Anon has moved out - he can provide his own property! - and the Will does not accommodate the fact that provision of alternative property isn't required.* Does this nullify the entire statement above?* Or can the property be sold, given that there is no need to provide provision for alternative accommodation, and the money placed within the trust fund?*
That is our wish.* We'd like to place everything in the trust and then purchase a property with the fund for our brother which was the Testators stated aim to the beneficiaries.* The trust isn't needed.
The trustees are a group of solicitors.* There are also many questions about the Testators capacity but that is a separate issue.
Many thanks,
Beneficiary P
*
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