Mirror will with specific bequests

GingerSeventyOne

Recently my elderly aunt and uncle died (her first and then him around a year later). They had mirror wills with the exception that my aunt had named certain people to receive small gifts of personal interest.

My mum is a named beneficiary in the will. However the solicitor that is dealing with the will has said that because she died before my uncle, my uncle could chose to do what he liked with my aunts effects. These were distributed not in accordance with her will.

I have challenged this on my mums behalf and the executor has said that he is happy to go with what my uncle decided to do. At the time he was devastated and not in good health, so I don’t think he really cared.

I believe the solicitor is incorrect. Her will has the following opening text…

IF my husband (name) shall survive me by 28 days I give devise and bequeath all my Estate subject only to the payment of my debts and funeral and testamentary expenses unto my said husband for his own use and benefit absolutely and I appoint him to be the sole Executor and Trustee of my Will but failing such survival by my said husband and only in that event the following clauses of my Will shall have effect

…

I GIVE the following specific legacies absolutely:

• all of my jewellery…to (name)

Have I misunderstood the will? I know she believed that her bequests were what she intended to happen to her items whether she died first or not.

Flugelhorn

IANAL but looking at that it seems that if the husband survives her then everything goes to him

  - and this clause "but failing such survival by my said husband and only in that event the following clauses of my Will shall have effect" implies that the specific gifts only come in if he has not survived her ??

Martin_the_Unjust

I’m off the same opinion as Flugelhorn, your Aunt’s estate went in its entirety to your Uncle and the executor of your uncle’s estate has no choice in the matter but must follow your uncle’s will.

Savvy_Sue

Also agree with that opinion: everything after "failing such survival" is irrelevant because he did not fail to survive.