I have been asked to comment on the validity of the following clause (not drafted by my firm!):
“I give to A and B my house at (ADDRESS), but if they decide to sell the property it shall form part of the residue of my estate”
I cannot be an absolute gift (as there is the ‘but’ provision). I think it is either void through uncertainty and falls into residue, or there is a life interest created in favour of A and B which terminates on sale.
What do other members think?
Rubin Lewis O’Brien