I have just been instructed in an Estate administration where there is a homemade Will which leaves the house for the wife to live in and then pass on trust when she dies. Unfortunately there are no instructions what this trust is. There is also no residuary clause so my view so far is this.
There is a partial intestacy of the residue, statutory legacy etc.
The trust potentially fails and the property passes into the residue as above. Do members think this is correct. If so then i expect if wife and surviving step children (estate is c£1m) agree then a DOV can be used?
Paul Robinson Solicitors LLP