Hi all,
I am dealing with an estate where the Will contains the following legacy:
“I give the following free of inheritance tax:
i) £10,000 to all my grandchildren.”
The wording is somewhat ambiguous, and it is unclear whether the testator intended to gift £10,000 to each grandchild individually or a total sum of £10,000 to be shared among all the grandchildren. Could you please advise on the general interpretation of this clause?
Thanks in advance.
In the absence of words of severance I suggest it is a joint gift, so that the grandchildren share the sum of £100,000.
At the time the will was drafted, was it conceivable that the testator’s estate would be sufficient to fund legacies of £100,000 to each grandchild? If not, ….
In any event, if the will was professionally drafted you might ask the drafter for a copy of their instructions, etc. It may then be a case of obtaining counsel’s opinion to confirm that, despite the ambiguity, the executors should distribute in accordance with counsel’s advice. The alternative may be an application to court which, whilst costly, may be justified by reference to the value in question.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals