Fathers will has no beneficiary but trustees

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
5 replies 2K views
macdaddy_ukmacdaddy_uk Forumite
18 Posts
edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
My Father passed away in 2003 and in his will names his wife at the time (not my mum) as one of three trustees of his will. Unfortunately she passed away last week and her family have been asking to see my fathers will sparking suspicion. I have obtained a copy of my fathers which is very confusing to make sense of, however this clause stands out.


10. Residuary gift on substantive trusts with absolute interest and gift over to children.

A - Subject as above the Trustee Shall Hold the Trust Fund Upon Trust for my wife
absolutely provided the my wife ---- shall survive me by 28 days.

B - Subject to the provisions of sub-clause 10.(a) the Trustee Shall hold the Trust Fund for such of the ISSUE OF MY
as shall service me and attain the age of eighteen years before the end of the Trust Period o be under that age and living at the end of the Trust Period and if more than one is equal shares absolutely.


Can any one shed some light?

Many thanks in advance.

Replies

  • Yorkshireman99Yorkshireman99 Forumite
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    My Father passed away in 2003 and in his will names his wife at the time (not my mum) as one of three trustees of his will. Unfortunately she passed away last week and her family have been asking to see my fathers will sparking suspicion. I have obtained a copy of my fathers which is very confusing to make sense of, however this clause stands out.


    10. Residuary gift on substantive trusts with absolute interest and gift over to children.

    A - Subject as above the Trustee Shall Hold the Trust Fund Upon Trust for my wife
    absolutely provided the my wife ---- shall survive me by 28 days.

    B - Subject to the provisions of sub-clause 10.(a) the Trustee Shall hold the Trust Fund for such of the ISSUE OF MY
    as shall service me and attain the age of eighteen years before the end of the Trust Period o be under that age and living at the end of the Trust Period and if more than one is equal shares absolutely.


    Can any one shed some light?

    Many thanks in advance.
    To give an answer needs to see the whole will. Who was the executor and was it admitted to probate? Perhaps you should ask a solicitor for help.
  • FreeBearFreeBear Forumite
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    The way I read it, the wife gets the residue of the estate unless she dies within 28 days of the testator. If that happens, then the surviving children get an equal share. However, I would concur with Yorkshireman99 in that the whole will needs to be seen and it may need a solicitor conversant in probate to translate the document in to layman's english.
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
  • dzug1dzug1 Forumite
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    her family have been asking to see my fathers will sparking suspicion.

    .


    Why should it do that??




    The 'issue' (children) are the beneficiaries - under exactly what terms depends on the wording of the whole will
  • Keep_pedallingKeep_pedalling Forumite
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    Presumably your step mother's family are trying to deal with her estate which is entangled with your father's estate, so they are going to need a copy of his will. As an trustee and his wife she should have held a copy of it anyway, but it sounds like the family can't find it.

    Don't be uncooperative here, as you are likely to want them to reciprocate in keeping you in the loop regarding your father's trust of which based on the small snippet you have provided you and your siblings are beneficiaries of.

    As already stated you need some advice on your father's will. Who are the surviving trustees? They would seem a good place to start.
  • FreeBearFreeBear Forumite
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    Presumably your step mother's family are trying to deal with her estate which is entangled with your father's estate, so they are going to need a copy of his will. As an trustee and his wife she should have held a copy of it anyway, but it sounds like the family can't find it.

    If the family can't find a copy of the will, it should be possible to order one from the Probate Registry for a small fee - It may even be quicker rather than relying on another family member to search through a lifetime of papers.
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
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