Need some help understanding a will that I have been named as a beneficiary on, I have a copy of the will, is this something that someone could help me with on here?
Understanding a will
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Definitions "The Beneficiaries" means:
4.1.1 My brothers XXXXXXX (Father) and XXXXXXX (Me) and their descendants
4.1.2 My niece XXXXXXXX (Sister) and her descendants
4.1.3 Any Person or class of Persons added to the class of Beneficiaries by the Trustees by deed with the consent in writing of two Beneficiaries.
4.1.4 At any time during which no descendant of mine is living, any company, body or trust established for charitable purposes only "Person" includes a person anywhere in the world and includes a Trustee. "The Trustees" means my executors or the trustees for the time being. "The Trust Fund" means:
4.4.1 if my Spouse does not survive me, my Residuary Estate; and
4.4.2 all property from time to time representing the above.
"The Trust Period" means the period of 125 years beginning with the date of my death.
"Trust Property" means any part of the Trust Fund.
Trust Fund
I give the Trust Fund to the Trustees.
During the Trust Period and subject to the Overriding Powers below:
5.1 The Trustees may accumulate the whole or part of the income of the Trust Fund. That income shall be added to the Trust Fund.
The Trustees shall pay or apply the remainder of the income to or for the benefit of any Beneficiaries, as the Trustees think fit.
6 Subject to that, the Trust Fund shall be held on trust for XXXXXXX (Father) and XXXXXXX (Sister) in equal shares absolutely.
Thats what I don't understand - I am named as a beneficiary, my sister told me the will said I would get 5k (its not on the will) it just has me down as a beneficiary, then has about a trust fund and it shared equally between my father and sister.
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On the basis of the text shared with us, this will does not appear to contain an outright legacy to you.
If the Spouse has survived the deceased, it appears that the Trust does not even come into being. If he or she did not, then the trustees can pay money to any beneficiary if they think it appropriate, otherwise the trust money is for Father and Sister.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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