Query is whether the residuary estate passes absolutely to the executor/trustee or whether it is a discretionary trust. The solicitors were taken over and the file has long been destroyed.
Clause 6.3 leaves the residuary estate:-
- Upon trust for X absolutely but on the understanding she may distribute the estate amongst such of my family as she all (sic-shall?)in her absolute discretion and without being liable in any way for the manner in which that discretion shall be exercised.
X is the trustee/executor.
The issue is important as X is in receipt of benefits and will be disqualified from them if the estate falls to her. Her intention has always been that the estate would be divided three ways between herself and her two siblings - deceased had no children and was not married. If left to her absolutely.
We are within the two year period since death.
Michael McCabe
Galloways Accounting Private Client Limited.