words on a will

Linton

getmore4less wrote: »

.......

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.

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

getmore4less wrote: »

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.

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.

bowb

Keep_pedalling wrote: »

Was this a DIY job by any chance?

NO .. the will was written by a solicitor, but I guess following the testator wishes very closely.

bowb

bouicca21 wrote: »

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.

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

bowb wrote: »

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.

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

So the gift to B does not lapse but passes to D.

unholyangel

bouicca21 wrote: »

So the gift to B does not lapse but passes to D.

What makes you think that?