Will wording

[Nitgel]

Hi perhaps @mumblechum0 can help me. my Dad has drafted a will and just needs clarification on the wording. He is very elderly and has asked me to assist with this. I have tried googling this and will confirm with his solicitor when we see him but it's really hard to find this information out.

Residuary gift:

6.1 The Trustees shall hold the trust fund upon trust to my children....... as shall survive me and if more than one, equal shares absolutely

6.2 Subject to the provision of sub clause 6.1 the trustees shall hold the trust fund for such of my grandchildren as shall survive me and attain the age of 18 and if more than one, in equal share absolutely.

So does this mean that the children (me and my siblings) will get equal share but if one of us dies then the trust will go to their children?

Thank you.

That's not great wording to be honest. You say he's drafted the will himself, but doesn't understand his own proposed wording?

To be honest he should just get it done properly by a local solicitor, but if he insists on doing it himself, and if he wants his estate to go to his children, and only if one of his children has died before him, for that deceased child's share to go to their own (ie his grandchildren), the wording should say so. The usual wording for that would be something like:

"Gift of Residue

I give my Residuary Estate to such of my children as are living at my death in equal shares but if 	any of 	my children shall die before me or fail to obtain a vested interest leaving issue 	who survive 	me and reach the age of Twenty One years then such issue shall 	take by substitution such failed share and if there shall be more than one of such 	issue 	they shall take in equal shares per stirpes but so that no issue shall take 	whose 	parent is alive and so capable of taking"

But I do strongly recommend that he goes to a local solicitor or will writer. Home made wills are more often than not a nightmare to interpret.

Thus was written by a will writing service

I asked the solicitor if the wording mean that it would pass to grandchildren on the proviso one of us (his children) died and he just said 'yes' so was assuming this was standard writing for a will and i was just dumb as to not understand it.

You’re not dumb, Nitgel! The Will writer should have gone over it with your dad to make sure he understood it though

I know am not really impressed. And still none the wiser. Guess I will ask him again.

Will writing services are not solicitors. Check the law society website to see if they are qualified. That wording is awful. Please see a solicitor.

He is a probate solicitor and consultant for a will writing company. That's why I thought he was good and he was locally recommended.