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Will

Hi - I am terminal from a nasty cancer and so I have done a will with a cheap company which states...
Distribution of the Residue
subject to the trusts declared above my executors shall hold my estate as follows
upon trust absolutely for my wife provided that if my said wife shall die without having attained a vested interest leaving issue who survive me then such issue shall take by substitution such failed
 share and if there shall be more than one of such issue they shall take in equal shares per stirpes but so that no issue shall take whose parent is alive and so capable of taking

I just thought it would say that I leave my estate (which is pratically nothing) to my wife, and then if she is dead to my children.  
Can anyway translate the above legal speak for me so that I know its ok for me to sign?  I am not sure what the trust means for example.

Thanks in advance for any help

Peter 

Comments

  • Olinda99
    Olinda99 Posts: 2,042 Forumite
    1,000 Posts Third Anniversary Name Dropper
    sorry to hear about your condition Peter

    the first question is whether you in fact even needed a will - others may be able to confirm but as far as I know the default is that everything passes to your wife and if she does not survive you then to your children i.e exactly what you want
  • sevenhills
    sevenhills Posts: 5,938 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hi - I am terminal from a nasty cancer and so I have done a will with a cheap company which states...
    Distribution of the Residue
    subject to the trusts declared above my executors shall hold my estate as follows
    upon trust absolutely for my wife provided that if my said wife shall die without having attained a vested interest leaving issue who survive me then such issue shall take by substitution such failed
     share and if there shall be more than one of such issue they shall take in equal shares per stirpes but so that no issue shall take whose parent is alive and so capable of taking

    I just thought it would say that I leave my estate (which is pratically nothing) to my wife, and then if she is dead to my children.  


    Do you mean a free will, by a charity such as RSPCA?
    You could sign up for a free will, just to compare. But as 99 says, you don't really need one if it's all going to next of kin.
    Personally, I would like to leave 2% or so for a bench or other things that I care about.
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