I'm trustee and executor of dad's last will and testament

adeo

Singlemummy_2 said:

Your dads wishes are for his grandson (your nephew ) to live there, not you. 

It says he can live rent free during his lifetime but that he is responsible for maintaining it

Why do you think you can move in when he dies?

As it’s your nephew I assume you have at least one sibling - it says residual estate will be distributed to all his children - not sure why you think the house is being left to you 

Only if I predeceased my dad!

SkyyeBlue

Is it your name after the word carer?

Singlemummy_2

adeo said:

Singlemummy_2 said:

Your dads wishes are for his grandson (your nephew ) to live there, not you. 

It says he can live rent free during his lifetime but that he is responsible for maintaining it

Why do you think you can move in when he dies?

As it’s your nephew I assume you have at least one sibling - it says residual estate will be distributed to all his children - not sure why you think the house is being left to you 

Only if I predeceased my dad!

Oh it wasn’t clear that you are the carer that it mentions

Surely you need to therefore sell the house and distribute funds to all children (you + siblings) as per the will - isn’t that what it states? 

It still doesn’t say you can live there - what about your sibling(s) - you have at least one - what happens if they want to live there, they would be entitled to their share - if they are deceased your dads wishes are that their share of the estate  goes to their children? 

adeo

Singlemummy_2 said:

adeo said:

Singlemummy_2 said:

Your dads wishes are for his grandson (your nephew ) to live there, not you. 

It says he can live rent free during his lifetime but that he is responsible for maintaining it

Why do you think you can move in when he dies?

As it’s your nephew I assume you have at least one sibling - it says residual estate will be distributed to all his children - not sure why you think the house is being left to you 

Only if I predeceased my dad!

Oh it wasn’t clear that you are the carer that it mentions

Surely you need to therefore sell the house and distribute funds to all children (you + siblings) as per the will - isn’t that what it states? 

It still doesn’t say you can live there - what about your sibling(s) - you have at least one - what happens if they want to live there, they would be entitled to their share - if they are deceased your dads wishes are that their share of the estate  goes to their children? 

Non of my siblings want anything, their wishes and my dads is for me to live there.

Singlemummy_2

adeo said:

Singlemummy_2 said:

adeo said:

Singlemummy_2 said:

Your dads wishes are for his grandson (your nephew ) to live there, not you. 

It says he can live rent free during his lifetime but that he is responsible for maintaining it

Why do you think you can move in when he dies?

As it’s your nephew I assume you have at least one sibling - it says residual estate will be distributed to all his children - not sure why you think the house is being left to you 

Only if I predeceased my dad!

Oh it wasn’t clear that you are the carer that it mentions

Surely you need to therefore sell the house and distribute funds to all children (you + siblings) as per the will - isn’t that what it states? 

It still doesn’t say you can live there - what about your sibling(s) - you have at least one - what happens if they want to live there, they would be entitled to their share - if they are deceased your dads wishes are that their share of the estate  goes to their children? 

Non of my siblings want anything, their wishes and my dads is for me to live there.

Then that’s what should be in the Will if that is true. The will is your dads wishes and it doesn’t say you can live there 

SkyyeBlue

I am no expert, but I do love words!

My reading would be that Section 5 allows 'the Trustees' (the OP) to sell or retain any property, with the proviso it's kept in the same condition as on their father's death.
Should the father's ex-wife and the named carer pre-decease father then the nephew may live in the house until his death at which point is should be sold and proceeds distributed.

Grumpy_chap

In clause (3), the OP appears to be the only Executor and Trustee.

Clause (6) then makes provision for if both the ex-wife and the carer (the OP) have pre-deceased the father.

If clause (6) is invoked, who would be the Executor and Trustee?

Was this will written by a Solicitor?

adeo

Grumpy_chap said:

In clause (3), the OP appears to be the only Executor and Trustee.

Clause (6) then makes provision for if both the ex-wife and the carer (the OP) have pre-deceased the father.

If clause (6) is invoked, who would be the Executor and Trustee?

Was this will written by a Solicitor?

Yes it was

adeo

SkyyeBlue said:

I am no expert, but I do love words!

My reading would be that Section 5 allows 'the Trustees' (the OP) to sell or retain any property, with the proviso it's kept in the same condition as on their father's death.
Should the father's ex-wife and the named carer pre-decease father then the nephew may live in the house until his death at which point is should be sold and proceeds distributed.

Actually will nothing to do with ex wife, don't really know why that was mentioned, it's really refering to me as ex-wifes carer, that being me the dad's son.

Sarahspangles

Actually will nothing to do with ex wife, don't really know why that was mentioned, it's really refering to me as ex-wifes carer, that being me the dad's son. 

That’s a very long winded way to say ‘my son’.  Do you think the solicitors could have misunderstood your father’s instructions?