Residuary beneficiaries

poppystar

Keep_pedalling said:

Bloody odd way of doing a will, no thought has been given to what happens if they are no longer married, but at least we now know that there were 8 residual beneficiaries and that it is 20% per couple not 20% each.

As there is no clause as to what happens if a couple split up. I am not sure what happens in the case of the divorced couple but I think you probably needs legal advice. If it had just said Joe Bloggs and his wife, I think it would be safe to say it all goes to Joe, but the spouse is named so I don’t know how that impacts it. Under English law if your will leaves a bequests to your own wife but you subsequently divorce without making a new will, that bequest fails but I don’t know if the same rule applies in this case.

10 rather than 8 methinks. Hope the executor is one of them or getting a nice legacy for dealing with this! 

Flugelhorn

I suspect it would be best to give the 20% to Joe and leave him to argue it out with his ex

Sea_Shell

Flugelhorn said:

I suspect it would be best to give the 20% to Joe and leave him to argue it out with his ex

As with these things, there is the letter of the will, and a 'practical interpretation', which may hinge on what £££ is involved.

Unlikely to be challenged by anyone, if it's £1000 rather than £100,000.

shaz60

Each 20% likely to be around £100,000 so guessing it’s enough for a potential argument!

shaz60

Yes 10 in total (one couple is mother and son and conveniently the will states 10% each to these - shame it doesn’t for the rest!)
Am waiting for a call back from the solicitors that drew it up.