"or to the survivor thereof"

Uplander1111

I wonder if someone can advise - I have been Googling but cannot find the answer.

If a widow leaves her residual estate in equal parts to her two sons "or to the survivor thereof" what does this term mean?

If one of the sons is married but has no children and if that son predeceases the testator would 50% of the residual estate pass to the deceased son's wife?

Thanks

Yorkshireman99

It depends on the full wording of the will not just that phrase in isolation.

Keep_pedalling

Sounds like the widow should consult a solicitor, to make sure that the will is correctly worded, so that her actual wishes are met, and all the what ifs have been covered.

t0rt0ise

Uplander1111 wrote: »

I wonder if someone can advise - I have been Googling but cannot find the answer.

If a widow leaves her residual estate in equal parts to her two sons "or to the survivor thereof" what does this term mean?

If one of the sons is married but has no children and if that son predeceases the testator would 50% of the residual estate pass to the deceased son's wife?

Thanks

Usually it means that if one of the son dies it all goes to the other.

Yorkshireman99

But without seeing the whole sentence and any others that may be relevant nobody can tell.

Sea_Shell

Like others have said, need more info.....but it sounds to me like it may pass to the surviving son, or maybe children of the deceased son (if there were any).....but I doubt if his wife would be in line for anything, unless specifically named (either by name or relationship)

Margot123

If the wording is as ambiguous as it sounds, then the residue would pass to the survivng son of the testator.
BUT as others have said, we cannot really comment properly without knowing the rest of the wording.
Best consult a solicitor.....