I have a will clause which reads as follows:
(a) A one tenth share of the Residuary Estate upon trust to pay the income to A absolutely
(b) Upon the death of the survivor of B (the wife of the deceased) and C then as to the capital and income of the entire Residuary Estate for A absolutely if he shall then be living
© Provided that if A shall die without having attained a vested interest hereunder but leaving issue who survive him and attain the age of twenty one years then such issue shall take my Residuary Estate by substitution etc……….
C died a number of years ago and A has no issue.
A has a life interest and is also the remainderman contingent on surviving B. Can we bring this trust to an end now during the lifetime of A and B given that, if A died before B, the capital interest would pass to her by way of a partial intestacy?
Boyes Turner LLP