Understanding will

Anon123456788

Hi

Hoping someone can offer some advice on how to interpret part of a will, we’re not at the stage of appointing solicitors and hopefully won’t need to go to that as the estate is relatively small.

It states ‘the trustees shall hold the proceeds of my death in service benefits in the following trusts:

(A) (to pay off debts legacies and expenses)
(B) upon trust absolutely for my sons X and Y (this goes on to say about their dependents if they outlive the sons) PROVIDED THAT if the trusts declared by this sub clause (b) shall fail entirely and subject thereto
(C) upon trust absolutely for my husband Z and my brother Zz as shall survive me and in equal shares.


Wills are something that’s completely new to me, so from the section about I’m not sure if this means that the death in service benefits get split four ways - to the two sons, the husband, and brother, or if it goes solely to the two sons UNLESS they both died without children before the mother died? I originally read it as going four ways but it’s the ‘shall fail entirely subject thereto’ that is confusing me.

Any help would be greatly appreciated!

Keep_pedalling

Death in service benefits do not usually form part of the estate and are paid out by the pension trustees on a discretionary basis. Did she complete a expression of wishes saying it should go to her children.

Linton

My interpretation is that the money goes to the sons or their descendants. If on Mother’ s death there are no surviving sons and no surviving children the money goes to husband and brother. The word “fail” in this context means if it is impossible to carry out the requirements of the trust.

Anon123456788

Thanks for the replies.

Sadly she did not fill out the expression of wishes form so by default the employer will send to her husband, but within the family they are looking to honour her wishes regarding how the money would be split.

Keep_pedalling

Anon123456788 wrote: »

Thanks for the replies.

Sadly she did not fill out the expression of wishes form so by default the employer will send to her husband, but within the family they are looking to honour her wishes regarding how the money would be split.

That will be down to the husband, he would have to gift the benefits as DIS benefits are not part of her estate, so cannot be left in a will.

SevenOfNine

Anon123456788 wrote: »

Thanks for the replies.

Sadly she did not fill out the expression of wishes form so by default the employer will send to her husband, but within the family they are looking to honour her wishes regarding how the money would be split.

Not necessarily paid by default to husband by pension trustees. It's a distinct possibility that they have discretion over who it's paid to, (& that can also be the case when there IS a beneficiary nomination form completed, we experienced this).

Has anyone written to ask them to consider the wishes she indicated in her Will, at least in part if not the whole amount? (The pension trustees that is, not the employer.)

Anon123456788

That’s something we are considering, however to do that we need to better understand if the will means it gets divided four ways, or to the two sons (who in this case are both still alive).

Either way everyone is happy to follow the roll, whether that be that the husband receives the money then transfers this as per the will, or if the employer is able to change the beneficiary.

Thank you

Keep_pedalling

Anon123456788 wrote: »

That’s something we are considering, however to do that we need to better understand if the will means it gets divided four ways, or to the two sons (who in this case are both still alive).

Either way everyone is happy to follow the roll, whether that be that the husband receives the money then transfers this as per the will, or if the employer is able to change the beneficiary.

Thank you

As per post 3, her wish was to divide it between the children. Husband and brother would only inherit is neither child was alive.

As the husband is happy for this benefit to go to her children It would be better if the pension trustees could be persuaded to pass it directly to the children otherwise for IHT purposes it will form part of his estate for the next 7 years, if he has to gift it.