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question of will wording

8 replies

Nitgel · 13/10/2021 18:04

Hi my dad has just had a will written and I am going through draft (am executor).

I have 3 siblings and the wording is:

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?

OP posts:
Nitgel · 13/10/2021 21:38

Bump

OP posts:
ivykaty44 · 14/10/2021 20:01

ask your father what he has meant by this, he will have directed the solicitor, then check with solicitor

Cocomarine · 15/10/2021 08:27

Why would you ask MN, and not your dad - and him ask the solicitor who just did the will?
It’s important that you dad knows what he wants. MN could confirm 100% what it means in legal terms, but that might not be what he thought it meant.

Nitgel · 16/10/2021 07:41

i just wanted mn to confirm what it meant, the will is in draft form and I just wanted to ensure it was correct as he has asked me to assist. He wants everything split to his children and then if one died before he did, to his grandchildren. Of course I will check with the solicitor. The antiquated writing just makes it very unclear in my opinion.

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ivykaty44 · 16/10/2021 07:49

The antiquated writing just makes it very unclear in my opinion.

Not in court or to a solicitor

Nitgel · 16/10/2021 07:55

that's why i just wanted clarification before he signed it, he's very old and just wanted help.

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peridito · 20/10/2021 08:47

@Nitgel - there's a lovely poster @mumblechum0 of www.marlowwills.co.uk who I'm sure can help you ,and not give you a hard time!
She's often on the legal bit of MN www.mumsnet.com/Talk/legal_matters

The way some wills are written make them impossible to understand ,I feel quite cross with solicitors who make it harder than it needs to be .

Nitgel · 20/10/2021 12:03

Thank you

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