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Clarify a will

3 replies

Georgyporky · 23/01/2024 10:38

This is probably obvious, but can someone please confirm what I think?
There is a problem with a property in another country, & I need to prove that I'm the sole beneficiary of my late husband's estate.
We are/were both in England.

Here is the bit that I'm not sure of : -

"4. Administration of my Estate
My Executors shall hold my Estate upon trust

  1. as to investments or property other than money in their absolute discretion to sell call in or convert all or any of such investments or property into money with power to postpone such sale calling in and conversion and to permit the same to remain as invested and upon trust as to money with a like discretion to invest the same in their names or under their control in any of the investments authorised by my Will or by law with power at the like discretion from time to time to vary or transpose any such investments for others so authorised
  2. to pay my debts funeral testamentary and administration expenses
  3. to give effect to legacies
  4. Absolute Residuary Gift
  5. Subject as above my Executors shall hold my Estate for my said wife Georgyporky absolutely if she shall survive me by 30 days
  6. Subject as above for such of my children FRED BOB DORIS and my said wife's child BERT as shall survive me and if more than one in equal shares absolutely PROVDED that
  7. if any such child shall die in my lifetime leaving issue who shall be living at my death then such issue shall take the share of my Estate which such child would otherwise have taken and
  8. if there shall be more than one of such issue they shall take in equal shares per stirpes but so that no one shall take a share if their parent is alive and takes a share ."
I'm still here years later. Am I correct in thinking that I'm the sole beneficiary, and that legally the 4 children are not entitled to anything. I'll make a donation to Age Concern for your advice, don't want to be a CF !
OP posts:
Hollyhocksarenotmessy · 23/01/2024 11:11

Are you the widow?

Georgyporky · 23/01/2024 11:12

Hollyhocksarenotmessy · 23/01/2024 11:11

Are you the widow?

Yes.

OP posts:
Coyoacan · 23/01/2024 14:58

Not a lawyer, but it says your legacy is absolute and does not refer to any other sum or possession to be divided among the children. So it looks like the children were only to inherit if you did not survive him

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