I am looking at a Will which gives property “… to my Trustees upon trust for my Daughter… during her lifetime and on her death I GIVE the property subject to any existing tenancies to my Trustees for the benefit of my Grandchildren… in such shares and proportions and at such times (within 20 years of the date of my death) as my Trustees may in their absolute discretion determine”
It is now coming up to 20 years after the testators death. The property is a farm which is tenanted and the daughter receives the rental income. Is the above clause an instruction to transfer the property to the grandchildren subject to the daughters tenancy or the farming tenancy or both and can the trustees use their discretion to delay transferring any land to the grandchildren until the daughter dies?
Would be grateful for any views.
sharon edelstyn
Phoenix Legal Group