Understanding a Will.

[Elsie68]

Hello all,

My father-in-law died 4 years ago, he was divorced from my mother-in-law and had remarried. His second wife was the executor of the will. The grant of probate was £162K, the beneficiaries were his second wife, my husband and my husband's brother. My husband and his brother were my father-in-laws only children.

My husband and his brother got £3k each under a Special Legacy. They are also listed as named beneficiaries under the Absolute Residuary Gifts in the Administration of the Estate, along with the second wife. In section 6.1 and 6.2 the wording is similar with both ending with the legal term 'Absolutely'. I read this as my husband and his brother should have received a share of the residuary of the estate, as well as the Special Legacy. The second wife has this money, she also has the house as this was in her name only. The house is not in dispute.

I am not a solicitor but would really appreciate if we need to take this further with a solicitor. It was written by a solicitor from a large legal firm. I have attached copies of the sections of the will.

Many thanks, hope it makes sense!

I think you need to get legal advice as I think 6.1 and 6.2 imply the residual estate should be split into 1/3rds but IANAL and it’s not totally clear so get proper legal advice.

" It was written by a solicitor from a large legal firm."

That seems to be a very confusing will.

Although the specific legacy is very clearly written (his Premium Bonds and ISA go to the sons) the residuary part is confusing.

Usually, specific percentages would have been given to each party. But in this case there is no sign of that. Para 6.1 says that the residuary estate is held for the wife and para 6.2 says that it is held for the sons.

What appears to be missing is how that is split between the two parties.

Typically, a will would say something like

6.1 A X% share of the residue for my wife absolutely

6.2 A Y% share of the residue for such of my sons as shall survive me...absolutely

But this will misses out what the percentage shares will be.

I don't know what the answer to this might be. Perhaps this was a typo and it just got left out of the will?

I can only suggest that you really do need to speak to a solicitor who specialises in this area of the law.

There is a body called the Society of Trust and Estate Practitioners (STEP). Solicitors that have qualified to become members of this society really do have a great deal of knowledge and experience in the area of wills and trusts. If you google something like "STEP solicitor [name of your town]" you will get a list of local solicitors.

I believe 6.1 is stating that in the first instance the residual estate is to be given to the wife absolutely. 6.2 is stating subject to the above trusts (6.1) failing, I.e. the wife not surviving, then the residual estate should be split between the sons.
Its not worded great, but I’ve seen worse.
It appears the wife is the sole residual beneficiary and only in the event she doesn’t inherit, are the sons to benefit.

However, it could appear to be contentious and it may be worth seeking legal advice who can attempt to ascertain from the ‘large legal firm’ as to the intentions of your FIL when the will was made.

I am not a lawyer, but work in a law firm.

Yes, I think it means it goes to the wife, unless she predeceased him.