Distribution of assets when mortgaged

[Shoal1]

Hi

Would like to know everyone's opinion on this hypothetical scenario.

Mrs X has two children A and B.

In her will she gifts outright a buy to let property to A.

The residuary of the estate is left to B.

Since making the will, she decides to refinance the property - it is now mortgaged. The majority of funds are gifted to A.

Mrs X unfortunately passes away; the mortgage must be repaid.

Does A end up with the property AND the gift of cash, leaving the estate to repay the mortgage, and the substantially reduced residual left to B ?

Would B have basis to challenge the will ( or more likely request a variation ) if this meant there was a significant imbalance ?

[sederunt]

Will depend on where Mrs X was domiciled when she died.

[Shoal1]

All based in England

[atticus]

The terms of the will may change this. But from what you say it appears likely that the mortgage must be repaid by the estate, and then the property transferred to A.

If there is not enough in the estate to repay the mortgage, the property must be sold, in which case A gets nothing (or nothing else).

Might A and B agree to a deed of variation to equalise things?

These are my views. dslippy may have more to add.