Index linked gifts in Wills

I am confused with the following wording for a clause to include an index linked gift in a will:

I give.......£xxxxx or such larger sum as my Trustees shall assess so that its value at my death shall be the same value at the date of this Will

and

.......shall be index-linked, so that the actual amount given shall be the figure which bears the same proportion to the sum stated as the index figure in the Index of Retail Prices... for the month in which my death occurs bears to the index figure in the index for the month in which this will is executed.

To me, the first way of wording it makes it sound like the value stays the same but the second wording makes it clear it should be assessed for inflation.

Am I reading the first clause wrong?

Comments

  • On-the-coast
    On-the-coast Posts: 598 Forumite
    Seventh Anniversary 500 Posts Name Dropper
    I am not a lawyer, or an expert in will terms… 
    but i read that first clause as distinguishing between value at time of writing and value at time of death.  Ie relative value. Otherwise there would have been no point in wording it that way.  
    The second clause makes it clear how the relative value is calculated. 
  • Keep_pedalling
    Keep_pedalling Posts: 20,056 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Was this a DIY will? It’s clear to me what the testator was trying to achieve but the wording is ambiguous. 
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