I am administering an estate where there is a valid homemade Will. However the Will contains conflicting provision regarding distribution of the residue. The Will appoints A & B as executors.
The first clause dealing with residue states:
“I give all my real and personal estate to my Trustees upon trust absolutely for A & C in equal shares”
The second clause states:
“My Trustees A [B not mentioned] shall hold the residue on the following trusts…”. It then attempts to set out poorly drafted provisions for a discretionary trust, with C being the “Primary Beneficiary” and the only other beneficiary being A.
It seems impossible on the face of the Will to ascertain the testator’s intentions and as the Will is homemade, there is no further evidence of the his intentions. I assume in this situation that we have an intestacy as to the residue whole of the residue?
Mellor & Jackson