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  • FIRST POST
    • bowb
    • By bowb 22nd Nov 17, 2:24 PM
    • 20Posts
    • 1Thanks
    bowb
    words on a will
    • #1
    • 22nd Nov 17, 2:24 PM
    words on a will 22nd Nov 17 at 2:24 PM
    Can anyone tell me what these words mean please.

    If the gift of any share in my residuary estate shall lapse or fail completely,
    then the lapse or failed share shall accrue to the others that have not lapsed or failed in the same proportions that such share bear to one another, subject to the same terms.
Page 2
    • bouicca21
    • By bouicca21 1st Dec 17, 3:03 PM
    • 3,284 Posts
    • 4,097 Thanks
    bouicca21
    But we don't know if D and E or one of them are children of B. If one or both are, then it makes everything easier.
    Last edited by bouicca21; 01-12-2017 at 5:52 PM.
    • Linton
    • By Linton 1st Dec 17, 3:34 PM
    • 8,599 Posts
    • 8,564 Thanks
    Linton
    .......

    I think the first step is go to the drafting solicitor and see if they can shed light on what the testator was trying to do or if the wording is standard legal speak that has well defined meaning not obvious to lay persons.
    Originally posted by getmore4less

    Does it matter what the testator was trying to do? Surely it is what he did that matters and that should be the starting point for any subsequent change.

    I agree with Yorkshireman that legal advice should be taken and if the beneficiaries didnt like the results they could agree to do whatever they wanted through a deed of variation.
    • unholyangel
    • By unholyangel 2nd Dec 17, 5:55 PM
    • 11,597 Posts
    • 8,734 Thanks
    unholyangel
    That's the easy bit,the hard bit is what happens if one of the legacies lapses or fails which has very specific legal meanings.

    what were they trying to do with that clause?

    without the clause(any others that have not been mentioned) there are 2 classes of lapse/failure.

    One or more of BCDE, in that class A picks up the cash as the residual of the residual.

    in the case of A lapsing or failing any excess over the £15k would have fallen into intestacy.
    Originally posted by getmore4less
    At a guess, to create an express accruer. They're common in residuary clauses because its good practice to stipulate what you want to happen in case they predecease and it passes under section 33 of the will act/intestacy rules.
    Money doesn't solve poverty.....it creates it.
    • bowb
    • By bowb 5th Dec 17, 2:39 PM
    • 20 Posts
    • 1 Thanks
    bowb
    words on a will
    Was this a DIY job by any chance?
    Originally posted by Keep pedalling
    NO .. the will was written by a solicitor, but I guess following the testator wishes very closely.
    • bowb
    • By bowb 5th Dec 17, 3:05 PM
    • 20 Posts
    • 1 Thanks
    bowb
    words on a will
    But we don't know if D and E or one of them are children of B. If one or both are, then it makes everything easier.
    Originally posted by bouicca21
    B and C are the children of A. They are now adults
    D is the child of B and is 17 years old.
    E is the child of C and is 12 years old

    The testator is not dead...but has lost capacity. Being cared for at home. This is a close knit family. I am sure they will agree what to do with the estate.
    • Yorkshireman99
    • By Yorkshireman99 5th Dec 17, 3:39 PM
    • 3,362 Posts
    • 2,715 Thanks
    Yorkshireman99
    B and C are the children of A. They are now adults
    D is the child of B and is 17 years old.
    E is the child of C and is 12 years old

    The testator is not dead...but has lost capacity. Being cared for at home. This is a close knit family. I am sure they will agree what to do with the estate.
    Originally posted by bowb
    The will is still valid and once the testator dies has to be followed. The family have no say in the matter I.e. they can’t pick and choose. There may be the possibility of using deeds of variation but in any case the executors MUST get paid for legal advice rather than advice from here.
    • bouicca21
    • By bouicca21 5th Dec 17, 8:47 PM
    • 3,284 Posts
    • 4,097 Thanks
    bouicca21
    So the gift to B does not lapse but passes to D.
    • unholyangel
    • By unholyangel 6th Dec 17, 8:53 PM
    • 11,597 Posts
    • 8,734 Thanks
    unholyangel
    So the gift to B does not lapse but passes to D.
    Originally posted by bouicca21
    What makes you think that?
    Money doesn't solve poverty.....it creates it.
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