Can anyone help with the wording in this will?

Caseyface

It's a very long story but basically my Fiance has been left nothing by his Father even though he was told before he died that there would be bonds and shares left for him, we have a copy of the will and probate was granted in 2008 which we were never informed about. We now know it is too late to contest anything and therefore have no case really.

My Fiance is mentioned at the end of the will which says:

"If my said Wife *** **** fails to have survived me but not otherwise. I DIRECT that my Trustees shall hold my residuary estate and income therfrom for my son *** **** ***** absolutely"

The executors and trustees were my Fiances step mother and 2 close friends of his fathers. Does the above mean that when Step Mother dies, the estate owned by his Father will automatically fall to him or can this be subject to change?

Thank You

Liquorice_Twirls

Surely this means that if at the Father's date of death his wife was already dead the estate would pass to the son (your fiance) but if she was alive at this date the estate passed to her.

As she was alive at the time of his death, the estate will have passed to her. When she dies her own will should state what happens to her estate.

Caseyface

Thanks LT

As we suspected. It's such a mess

sagalout1954

Dad left it all to his wife if she outlived him, which clearly she did.

Only if she'd died BEFORE Dad would your fiance then have inherited it all instead.

Looks like he left it to her with no 'trust' style provision - all hers cut and dried, so what she chooses to do with it in her own will when she dies is entirely up to her. Sadly Fiance is entitled to nothing.

Huge shame if Fiance's parents BOTH contributed to some/most/all what the Stepmum has now inherited. Unfortunately, it's Dad's fault for not setting up a trust style will.

Farway

sagalout1954 wrote: »

Dad left it all to his wife if she outlived him, which clearly she did.

Only if she'd died BEFORE Dad would your fiance then have inherited it all instead.

Looks like he left it to her with no 'trust' style provision - all hers cut and dried, so what she chooses to do with it in her own will when she dies is entirely up to her. Sadly Fiance is entitled to nothing.

Huge shame if Fiance's parents BOTH contributed to some/most/all what the Stepmum has now inherited. Unfortunately, it's Dad's fault for not setting up a trust style will.

Maybe not Dad's fault, perhaps he meant it as it was written and knew precisely what he was doing?

scotsbob

It's not obvious from reading the question which part of the UK the OP is from.

In Scotland the children are entitled to one third, irrespective of what is in the will and if that is the case then it is not too late to do something about it.

sagalout1954

scotsbob wrote: »

It's not obvious from reading the question which part of the UK the OP is from.

In Scotland the children are entitled to one third, irrespective of what is in the will and if that is the case then it is not too late to do something about it.

Good point scotsbob. Is there an upper age limit for 'children' though?

scotsbob

sagalout1954 wrote: »

Good point scotsbob. Is there an upper age limit for 'children' though?

No, there is no limit.