Understanding quite what will means

MiddleEverything

(questions in next post)
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I (Mum's name) of MUM'S HOUSE declare this to be my last Will
1.Revocation

I revoke all my earlier testamentary dispositions.

2.Appointment of Executor

I appoint

2.1 my daughter (DAUGHTER) of (MY ADDRESS) ("(DAUGHTER)") to be my sole Executor and Trustee, BUT if she dies before me or before proving this Will, or is unable or unwilling to act as Executor, or if the appointment fails to take effect for any other reason, then I appoint:

2.2 (MUM'S PARTNER) of (MUM'S HOUSE)

("MUMS CHAP")to fill the vacancy in the office of Executor and Trustee which may so occur

3. Life interest

3.1

In this clause

3.1.1 "the premises means my property known as (MUM'S HOUSE) aforesaid or, if the same shall no longer be owned by me at my death, my share of my estate and interest (if any) in any other dwelling-house and the grounds occupied therewith whether freehold, commonhold or leasehold which shall be my principal residence at my death, and in the net proceeds of sale thereof and in the net rents and profits thereof until sale

3.1.2 "the personal chattels" means my personal chattels as defined in section 55 of the Administration of Estate Act (1925)

3.1.3 "the Determining Event" means the earliest to occur of (MUMS CHAP) ceasing to permanently occupy the premises for a period of two months or more, his death, re-marriage or cohabitation

3.2

I give to my Trustees the premises upon trust but so that until the Determining Event no sale of the premises shall be made without the written consent of (MUMS CHAP)

3.3

My Trustees shall out of my residuary personal estate pay and discharge all sums (if any) secured on the premises by way of mortgage charge lien or otherwise

3.4

So long as the premises shall remain unsold and until the Determining Event my Trustees shall permit (MUMS CHAP) to reside in and occupy and enjoy the same provided that he during the period of such occupation pays all rates taxes rent (if any) and other outgoings payable in respect of the premises and all covenants and conditions (if any) subject to which the premises may be held and indemnifies my Trustees and my estate therefrom and keeps the premises in good repair and condition and insured to the full value thereof against loss or damage by fire and such other risks as my Trustees shall from time to time direct provided further that my Trustees shall be under no obligation to inspect the premises at any time until the Determining Event or see to their condition of repair and shall not be responsible in any way for

any loss occasioned by lack of repair or insurance or state or condition thereof nor under any duty to enforce any obligations hereby imposed on (MUMS CHAP)

3.5

subject thereto the share of my Trustees in the premises and the chattels for the time being representing the same shall be held by my Trustees upon the trusts declared in clause 5 of this Will

Residuary Estate

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I give all my estate not otherwise disposed of by this Will or any Codicil to it to my Trustees on trust

4.1.1 to pay my debts, funeral and testamentary expenses and Inheritance Tax on my estate

4.1.2 to hold the remainder ("my Residuary Estate") as set out below

4.2 Debts, funeral and testamentary expenses and legacies shall be paid out of the capital of my estate.

5.Distribution

My Trustees shall hold my Residuary Estate and the income thereof upon trust as hereinafter follows:

5.1

for (DAUGHTER) absolutely, BUT if (DAUGHTER) dies before me leaving a child or children living at my death who reaches the age of 18 such child or children shall take (if more than one in equal shares) the interest in my Residuary Estate which his her or their parent would have taken had such parent survived me

5.2

subject to that, for OXFAM of 2700 John Smith Drive, Oxford Business Park South, Oxford OX4 2JY (Registered Charity No: 202918) absolutely

6.Administrative Powers

6.1

The standard provisions (1st edition) of the Society of Trust and Estate Practitioners (the "Standard Provisions") shall apply hereto

6.2

Sections 11 (consultation with beneficiaries) and 19 (appointment and retirement of trustees) of the Trusts of Land and Appointment of Trustees Act 1996 shall not apply

6.3

I DIRECT THAT if any institution society or body of persons (corporate unincorporate) which is intended to be benefited by any gift made by herein or in any Codicil hereto and which is referred to hereby or by such Codicil as a charity or charitable shall be found never to have existed or to have ceased to exist or to have been amalgamated with another institution society or body of persons or changed its name or constitution before my death the benefit intended to be given under such gift shall be paid or transferred to such charity or charities and if more than one in such shares as my Trustees in their absolute discretion think fit And I EXPRESS THE WISH without imposing any trust or legal obligation that in carrying out the foregoing

trust my Trustees should seek to benefit a charity or charities as close as possible in purpose to that intended to be benefited by my original gift

6.4

The receipt of anyone purporting to be the Treasurer or other proper officer of any charitable or other body to which any gift is made by this Will or any Codicil to it shall be a good discharge to my Trustees for that gift

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MiddleEverything

So the above was Mum's will & I'm DAUGHTER.
Broadly speaking we think this means MUMSCHAP gets to live on in the house (which was just hers, no mortgage) until he dies/married/shacks up/moves out e.g. to nursing home, and I get the rest now and the house when he's finished with it.
A) is that right?
B ) I am trying to work out what paperwork I need to do now I have probate. Do I need to appoint a second trustee (if so why did the will not mention it at all) ? If so do I need a declaration of trust or does the will suffice, or...? What Land Registry forms do I fill in?
C) what was all that about the chattels?
D) As part of executing the will I have been sent the contents of her accounts, do I as exec/trustee write to myself as beneficiary to officially hand it over?
I want to understand as much as I can because I have a lot of living elderly relatives so I *will* be doing this again...

xylophone

If unsure, you could take the advice from the solicitor who drafted the will or any other solicitor of your choosing - you might prefer a STEP solicitor. https://www.step.org/step-directory

https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register
 As far as I can see, the house should be registered in your name as sole proprietor but the partner may wish to register a restriction to protect his right of occupation.
The partner has been given a right of occupation until death unless he  leaves it for more than two months, co-habits or remarries.
The chattels are personal property other than land. The residuary estate is everything left over after tax, debts, funeral costs  have been paid and specific gifts have been  distributed.
There seem to be no specific legacies - you have survived your mother ( so the charity does not benefit)  and appear therefore to be the sole beneficiary  of the residuary estate.
It would appear that an executor's account is not needed because there are no distributions to make other than to yourself.

Savvy_Sue

MiddleEverything said:

C) what was all that about the chattels?

xylophone said:

The chattels are personal property other than land. 

If the OP's question also included 'what happens to the chattels?' then it seems to me that they all pass to her: the TV, the furniture, the sheets, the pictures on the wall etc. 

Obviously (at least to me) the sensible thing would be to leave in the house anything Mum's Chap will continue to use, and deal with them properly after he moves out. HOWEVER if there is anything precious that you want to take now, I believe you'd be entitled to do so. And it may also be worth making sure that Chap knows that the chattels are yours not his, and therefore he may not dispose of them without your permission. 

Of course some of the chattels may be his anyway (who bought the latest toaster?), and if it's possible to work out whether there's anything major he considers to be his then that would also be worth establishing. 

MiddleEverything

Thanks, I was mainly concerned about the extra trustee and the Land Registry forms - I have been reading as much as I can and one current way of looking at things seems to be that where a trust involves land (which this does) you can't sell / do anything where money is handed over unless there are at least 2 trustees.
But until Mum's chap has moved out/shacked up/married/died I shouldn't sell or mortgage (etc) ANYWAY. And when that happens, doesn't the trust automatically cease to be, in which case... I own it as me rather than as a trustee and therefore *can* sell it?
Even if the above is broadly true I am still puzzling over what forms I should fill in (a) now (b) when e.g. Mum's chap moves/dies/etc.
(Just asked about the chattels to check I am ok taking the few personal things I want now)

xylophone

You  should check  with the solicitor who drafted the will but as far as I can see, you are the legal sole proprietor of the property and so should register it in your name.
The partner has a conditional right of abode until death -  he could register a restriction to protect his position?
Once he died, (or otherwise failed to fulfil the conditions of his residency), you would require the restriction to be lifted?