I would appreciate help with a will please.
Mrs A died in 1991 leaving a life interest in her property for any of her unmarried sons who were living there - A, K, B & R. Subject to that, the remaindermen are the residuary beneficiaries who are the 4 sons. The residue clause states that if any of them have died before Mrs A, their share passes to her children. Only A & R were unmarried and living in the property.
A & K have both died leaving just R living in the property. B has survived but has his own property and is married. R is considering leaving the property so that it can be sold. The issue is now over the sale proceeds.
K died in 2010 so I believe his share will pass as part of his estate - details of which I have yet to establish.
A died in 2019 leaving a will. For some reason his will leaves a life interest in the property to R, remainderman is B and the residuary beneficiaries are various nieces and nephews. I think the clause in his will regarding the property is a misnomer as I don’t think it wasn’t his to leave in a will. I can only assume he was confused when giving will instructions and told the will writer that he had a 1/4 share in his mum’s property.
The query is over the division of the sale proceeds of Mrs A’s property. As I see it, this is as follows:-
1/4 to R
1/4 to B
1/4 to K’s residuary beneficiaries
1/4 to A’s residuary beneficiaries.
Or am I missing something?
Clough & Willis Solicitors