Standard family Will. On second death standard clause says along the lines of:
‘ I leave my residuary estate to be divided equally between my children or to the survivor(s) of them provided that if either/any of them die before me of before attaining a vested interest leaving a children or children of their own such child or children will that the share of their deceased parent and if more than in equal shares’
T want whole estate to end up with grandchild/ren if all children have predeceased.
But…. what happens if one child does not have any children and all of T’s children predecease T?
I don’t think the above clause would leave the estate to the children of the other deceased child of T. No child has survived T and therefore is it only the share of the parent of the grandchild would pass to grandchildren , leaving the share of the deceased child with no children of his/her own passing under a substitution provision or under the Intestacy rules? The intestacy rules may save the other share and under them the grandchildren would probably inherit, but what if it was a second marriage for T, and T had a surviving spouse ( step mum or dad to T’s children) who would potentially inherit under the intestacy rules?
I don’t think S.33 would save the situation.
It may be possible to run a successful construction argument and take a robust approach - not sure I would want to be the test case though.
Any thoughts welcome - I hope I am just being over cautious!