Husband has died, with his will leaving his residential property in a life interest trust for “The life tenant” to live in for her lifetime. However, the will does not define who the life tenant is. The remaindermen are the deceased’s three children, with substitution to grandchildren. Residue is left outright to the widow.
Husband is survived by his wife and all three children.
The matter file shows the intention for husband and wife to execute mirror wills with the property held in a life interest trust for the survivor as life tenant, with the children as remaindermen.
Am I right that the life interest trust fails, and therefore forms part of the residuary estate?
What is the most appropriate way of rectifying this so that the widow has a life interest in the property? Deed of variation signed by widow? (and all three children?)
christopher james
davies and partners