T’s Will says: To L for life and then to such of her children as survive L and attain the age of 18 provided that if no child of L shall attain a vested interest then to Y and Z if they survive T and in equal shares if both.
L is alive but has no children (and won’t have any). Y and Z survived T but have now both died. Who gets the remainder interest on X’s death?
I initially thought it passed to Y and Z’s estates but I am now not so sure because their interest appears to be contingent on L not having any children and cannot, therefore, vest until L dies (when we know for sure that she has no children). However Y and Z have by then themselves died and so cannot take a vested interest. Does the property revert back to the estate at this point, perhaps?
Thanks.
Benjamin Lowe
Clapham & Collinge