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Hi, was hoping somebody might be able to support with understanding the wording of a will. My mother recently passed away and my father has also passed away recently.
From talking to my mum after my dad died, all property and assets were to be left to me and my brother upon her passing and I just wanted to ensure that is what the below states.
It is clause 6 that confuses me as this seems to state the estate goes to 4 separate family members, not my brother and I but I think they are fallback clauses only.
If somebody could shed light, I would be very gratefull.
Thank you
Will reads:
1. I appoint my husband Mr C as my sole executor but if he is unable or unwilling to act or if he dies before proving my will I appoint my son's (me and my brother) to be my executors in his place.
2. I appoint as my trustees those executors who obtain probate of this will and in this will the expression of my trustees means those of my executors who obtained probate and the trustees for the time being of any trust arising under this will.
3. I give all my property to my husband absolutely if he survives me but if this gift fails the remaining clauses of my will shall take effect
4. I give all my property to my trustees to hold my estate on trust to pay executorship expenses.........(Ive cut this short as I understand this)
5. My trustees shall hold the residue for my son's (me and my brother) of they shall survive me and if more than one in equal shares but if either of my son's shall not survive me then their children who survive them shall take on equal shares the share which their parent would otherwise have taken.
6. Subject as aforesaid my trustees shall divide my residuary estate into 4 equal shares and:
Pay one share each to ms w, ms X, ms y and ms z
From talking to my mum after my dad died, all property and assets were to be left to me and my brother upon her passing and I just wanted to ensure that is what the below states.
It is clause 6 that confuses me as this seems to state the estate goes to 4 separate family members, not my brother and I but I think they are fallback clauses only.
If somebody could shed light, I would be very gratefull.
Thank you
Will reads:
1. I appoint my husband Mr C as my sole executor but if he is unable or unwilling to act or if he dies before proving my will I appoint my son's (me and my brother) to be my executors in his place.
2. I appoint as my trustees those executors who obtain probate of this will and in this will the expression of my trustees means those of my executors who obtained probate and the trustees for the time being of any trust arising under this will.
3. I give all my property to my husband absolutely if he survives me but if this gift fails the remaining clauses of my will shall take effect
4. I give all my property to my trustees to hold my estate on trust to pay executorship expenses.........(Ive cut this short as I understand this)
5. My trustees shall hold the residue for my son's (me and my brother) of they shall survive me and if more than one in equal shares but if either of my son's shall not survive me then their children who survive them shall take on equal shares the share which their parent would otherwise have taken.
6. Subject as aforesaid my trustees shall divide my residuary estate into 4 equal shares and:
Pay one share each to ms w, ms X, ms y and ms z
