Involuntary Trustee

TW1234

A testator has created a will that appoints their son as executor, and leaves the residuary estate equally between 3 grandchildren ( generation skip), but remains completely silent beyond that.

 If one of those predeceases the testator and and  leaves an infant child (and wife), their share of the  bequest should pass (per stipes) to that great-grandchild.  It does not fail and is not added to the share of the other  grandchildren.

Being a minor, the bequest must be held in trust; who would become the trustee? Would it be the executor or the infant's mother? If the former, how could the executor extricate themselves from the trusteeship?

MattMattMattUK

TW1234 said:

A testator has created a will that appoints their son as executor, and leaves the residuary estate equally between 3 grandchildren ( generation skip), but remains completely silent beyond that.

 If one of those predeceases the testator and and  leaves an infant child (and wife), their share of the  bequest should pass (per stipes) to that great-grandchild.  It does not fail and is not added to the share of the other  grandchildren.

Being a minor, the bequest must be held in trust; who would become the trustee? Would it be the executor or the infant's mother? If the former, how could the executor extricate themselves from the trusteeship?

The child's legal guardian, be that a parent or one who is court appointed. 

TW1234

Thank you.