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Confusing Will Clauses

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  • Confusing Will Clauses

    I am the executor for a will, which includes the following clauses: (edited to relevant phrases):

    "4. CHARITABLE BEQUEST
    4.1 I BEQUEATH, as set out at 6.1 below, one-tenth of a share of the residue of my estate to the xxxx (registered charity no. Xxx)..........

    6. RESIDUARY ESTATE
    6.1 I GIVE the residue of my estate.............what is left after the payment to the xxxx of the charitable bequest set out in 4.1 above on account of its share of the residue as set out below for the benefit of.............the following beneficiaries absolutely in the shares set out against their respective names......... xxxx charity ten percent."

    My question is: both clauses refer to each other, mentioning the same one-tenth/ten percent bequest to the single charity. Is this the same share in each clause, or are they two separate shares, ie. Twenty percent in total? (Both refer to the residue/residuary estate.)
    Tags: None

  • #2
    On my reading of the words you have selected to post, one 10% share.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Originally posted by atticus View Post
      On my reading of the words you have selected to post, one 10% share.
      Thank you for your swift response. I just wonder why it was worded in this way. And if the charity saw the will, would they try to challenge their percent?

      Comment


      • #4
        Q1. I cannot say.

        Q2. Unlikely, in my opinion.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          Originally posted by atticus View Post
          Q1. I cannot say.

          Q2. Unlikely, in my opinion.
          Thank you very much for your reply, very much appreciated.

          Comment


          • #6
            To clarify my thinking, the words "as set out in 6.1 below" in clause 4.1 show that it is one bequest of 10% of residue.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Guides and handbooks for Litigants in Person - :

            https://legalbeagles.info/forums/for...60#post1701560

            Comment


            • #7
              Originally posted by atticus View Post
              To clarify my thinking, the words "as set out in 6.1 below" in clause 4.1 show that it is one bequest of 10% of residue.
              Thank you very much for that clarification. That is very helpful indeed. That makes it clearer to me.

              Comment

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