Will help please..

[Rach80]

Hi,

I was hoping someone could help me translate the following parts of my Grandmother's Will into layman's terms and let me know what the outcome should be in our situation as my father (Son Two) passed away 4 years ago.

I APPOINT: Son One and Son Two as joint Executors and Trustees of my Will. And will further refer to them as ‘My Trustees’

I GIVE DEVISE AND BEQUEATH all my real and personal estate of whatsoever nature and wheresoever in situate to my trustees upon trust to sell, call in and convert the same into money with full power of their absolute and uncontrolled discretion to postpone such sale, calling in and conversion for so long a period as they shall think fit without being responsible for loss

MY TRUSTEES shall hold the net proceeds of such sale, calling in and conversion together with my ready money and property for the time being remaining unconverted upon the following trust

Upon trust to pay thereout all my just debts, legacies, funeral and testamentary expenses and subject thereto

Upon trust to my Husband BUT if he shall die in my lifetime THEN

Upon trust absolutely for such of:

Son One and Named Wife

Son Two and Named Wife

As shall survive me for the period of thirty clear days and in the proportions specified above EXCEPT THAT if any of these bequests fail then the amount of such failed bequest shall be given to the remaining beneficiaries in proportion to the amounts specified above PROVIDED THAT if any of these beneficiaries shall die in my lifetime leaving a child or children who shall attain the age of eighteen years, such child shall take by substitution and in equal shares if more than one share or interest in my residuary estate which such deceased child of mine would have taken had he survived and attained a vested interested under this my Will

Thanks in advance for any help or advice anyone can offer,
Rachael

[MissFM]

Re: Will help please..

It appears she's appointed her two sons as Tustees and Executors to administer and distribute her Estate at their discretion, without personal liability, with the following provisions:

- to pay all the outstanding specific legacies and bills including funeral expenses

- in Trust for her husband if he survives her

- absolutely to her sons and spouses if he doesn't
- distributed proportionately to their respective children if they don't survive her

The bit I'm unclear about is whether her husband inherits absolutely (therefore the Estate becomes his to distribute in his own will) or whether it's in trust for him during his lifetime whereupon the distribution is to the sons and heirs as described.

Just setting the ball rolling here for more knowledgeable Beagles to come along and give definitive advice!

[Rach80]

Re: Will help please..

Hi, Sorry for the delay responding on this.

I stupidly left out that her spouse has already passed away and so it would have been down to Son One and Son Two.

Son Two has passed away, so Son One is sole executor

Also... a further development: Son One has now issued a cheque to Wife Two. Can someone help clear up the following issues:

• Is it correct that Wife Two receives the 50% share or should it go to their two children?
• Son One informed Wife Two verbally that the amount was £26k then sent a cheque for £19k 'after expenses'
  • The cheque appears to be from Son One's personal account - should it have been issued from the estate account?
  • Does Wife Two have any right to request statements to prove the final amounts in the Estate or to see statements for the estate account?

Grateful for any advice,
Rachael

[des8]

Re: Will help please..

When did son One pass on?
Was it before or within thirty days of the testator's death

Residual beneficiaries have a right to see the estate's final accounts. A wise executor will obtain beneficiaries agreement to these by way of signature before releasing the legacy. It can prevent later disputes!
Again a sensible executor will set up a separate account for the estate, although this is not absolutely necessary.

[Rach80]

Re: Will help please..

Son Two passed away four years ago, leaving a wife and two children. Son One is still alive and is the sole executor - he is 81 years old and, in my opinion, neither a wise nor sensible executor!

Wife Two is considering speaking to a solicitor to obtain a breakdown of the estate and final expenses - would you advise this?

[des8]

Re: Will help please..

Son One (your uncle?)... did he perform the executors duties himself or employ a solicitor?
If he did it himself I would suggest a gentle personal approach might be more appropriate than going via a solicitor (unless of course relationships have broken down) to obtain a copy of the accounts.
If he employed a solicitor I would have expected the solicitor to have provided a copy of the accounts automatically, so by all means ask for a copy.

I assume Son Two (your father?) passed away before your grandmother.

IMO (and this is not a legal opinion!) the provisions of the will as set out are slightly ambiguous.

!)Upon the death of the testator's husband there were left two sets of residuary beneficiaries.
Each set comprised a son and his spouse and both parties of a set would have to die for the bequest to fail, and to pass to their surviving children

2)However it might be read that upon the death of the testator's husband there were left four individual residuary beneficiaries, and if the bequest to any of those individuals should fail, that bequest would pass to that individual's children

If you intend approaching a solicitor you could do worse than obtain their opinion.

[Jeyson]

Translation of such an important document should be done by a professional. How do you think? you can't be wrong here.