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Help with understanding wording in a will

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I'm hoping someone could clarify the meaning of the following clause in a will - 
"If my said daughter shall have died in my lifetime or within sixty days after my death and issue of my daughter are living sixty days after my death and attain the age of twenty years such issue shall take by substitution if more than one as tennants in common in equal shares the Trust Fund which my said daughter would otherwise have taken but so that no issue remoter than a child of my said daughter shall take whose parent is living and so capable of taking"
Am I right in thinking that if the daughter dies before the parent or within sixty days of the parent's death then her children will inherit? I am confused about the age limit of twenty and what would happen if they are younger than twenty.
Any advice will be gratefully received, thank you 

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  • AnotherJoeAnotherJoe Forumite
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    IANAL but ....
    yes, It would seem to indicate that daughter or her children can get it if they predecease the will writer but not their children (eg great granchildren)
    re age 20, presumably (?!) this means if beneficiaries are under 20 they'll have to wait until age 20, but it could also be read as if they arent aged 20 when the person writing the will dies, tough luck.
    If it it said "when they attain the age of 20" that would be clearer.
     
  • edited 23 July at 3:10PM
    Keep_pedallingKeep_pedalling Forumite
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    edited 23 July at 3:10PM
    Is the testator still alive and have all there mental faculties? I don’t like  the use of the word and rather than when. Could be a recipe for disaster. 
  • getmore4lessgetmore4less Forumite
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    That will have specific legal meaning. 

    Under 20 is fine initially but they need to get to 20 to remain a beneficiary. 

    I think per stripes still applies to those that die before reaching 20.

    Might also depend on the rest of the will and type of trust. 
  • unforeseenunforeseen Forumite
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    I think per stripes stops at grandchildren if I'm reading it right
  • edited 23 July at 7:54PM
    xylophonexylophone Forumite
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    edited 23 July at 7:54PM
    Am I right in thinking that if the daughter dies before the parent or within sixty days of the parent's death then her children will inherit? I am confused about the age limit of twenty and what would happen if they are younger than twenty.

    "If my said daughter shall have died in my lifetime or within sixty days after my death and issue of my daughter are living sixty days after my death  AND attain the age of twenty years such issue shall take by substitution if more than one as tennants in common in equal shares the Trust Fund which my said daughter would otherwise have taken but so that no issue remoter than a child of my said daughter ( ie grandchild of my said daughter) shall take whose parent is living and so capable of taking"


    Let's suppose that the daughter  (herself the mother of four  sons)   has either predeceased her mother or not survived for 60 days after  mother's death.

    At the 60 day point,  all four  sons are  living and aged over forty - only one of them has children, twins aged 21.   All six count as issue of the Testator's daughter and all are aged over 20.

    However, the twins do not inherit part of the Trust Fund because their parent is living and capable of taking his inheritance.

    Another scenario, all four sons are living at the 60 day point (so have met one condition) but  they are all aged under 20  (so have not yet met  the other).    The inheritance is held in Trust.

     This means that these  grandsons of the Testator did not take immediate vested interests at the  sixty day point.

     If any grandson dies before age 20, his/her prospective share goes to the other grandchildren who do attain that age.

  • Den1970Den1970 Forumite
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    Thank you for all the replies, they have been very helpful
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