I am dealing with the administration of someone’s estate. The deceased’s stepson died first and, under the terms of his Will, gave his step-mother a right to occupy. The terms of his Will stated:
PROVIDED ALWAYS that I DIRECT there shall be no sale of my share of my property and contents known as the Property for as long as the same shall be required by X as her home subject to the said X paying the buildings and contents insurance in respect thereof and paying all the other outgoings whatsoever in respect of it as long as she shall desire to live therein and that if the said X shall desire to sell and purchase another property in which she shall live as her home then my trustees shall allow the same to take place and in such case any balance not so used shall fall into Residue
She died whilst living in the property. Am I correct in thinking that the stepson’s interest in the proper amalgamates with the deceased’s estate, as she had the right to leave in the property?
Any guidance would be greatly appreciated.
Harold Bell Infields & Co