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What does this mean?

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  • What does this mean?

    I give the remainder of my estate whatever description and wherever situate to my trustees [the executors] upon trust for my wife xxxx for her life and subject to that for such of my children [the executors]

    Wording in will above. Struggling a little with what it means. Remainder of estate is a modest amount of cash and the trustees / executors are the 4 children of the deceased. Does his wife hold the money in trust for the children or do they hold it in trust for themselves?

    Thanks for any help you can give
    Tags: None

  • #2
    Were all 4 children adults over 18 at date deceased died?

    Is the deceased's wife still alive?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Hi
      Welcome to LB
      Answer: neither
      It is strange wording. IMO the will means the children, the executors and also trustees, hold and administer the remainder on behalf of the wife for as long as she lives. When she passes the children inherit what is left

      Comment


      • #4
        Thank you both for replying, it’s good to know it is hard to determine. Yes all 4 children are over 40 and the deceased wife is still alive. It’s hard to understand how it is for her life if the children/executors put it in a trust account and she can’t access it

        Comment


        • #5
          In a bare trust, the beneficiary if over 18, has a right to demand the trustees hand over the trust assets
          The father may have been concerned that his wife was incapable of managing her finances and help from his children would be the best way forward.
          Do you know if the father left a Letter of Wishes? If he did the letter might cover how the trust should be managed

          Comment

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