Vesting of remainder interest (again)

(Benjamin Lowe) #1

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?


Benjamin Lowe
Clapham & Collinge

(Paul Saunders) #2

My interpretation is that Y and Z have vested interests, subject to being divested should L have children who survive L AND attain age 18.

On that basis, the interest in remainder vests in the estates of Y and X equally, subject to L having no qualifying children.

Paul Saunders

(Simon James Northcott) #3

The reversion is vested in Y and Z’s estates at the moment, subject to divestment if there are children-so if there are none, their estates will take.

Simon Northcott