Is this contingent ?

(Lynsey Bashforth) #1

Is the following enough to make contingent?

"I give the residue of my estate to my trustees to pay my funeral and my debts and then to hold for my children … … and … as shall survive me and who reach the age of 21 years and if more than one of them in equal shares absolutely "

I read it as the children have to survive the testator and reach 21. If they do they take their share, if they don’t if goes to the remaining children. Is this correct?

Lynsey Bashforth
Bashforth Young Solicitor

(Paul Saunders) #2

Yes, looks contingent.

Paul Saunders

(Simon James Northcott) #3

check if s33 Wills Act applies

Simon Northcott

(Andre Davidson) #4

I take it there is no mention of s33 WA applying and none of the children have issue.
But yes, contingent.

Andre Davidson