My client a widow has an IPDI in her husband’s half share of the property.
She handed me a copy of his Will which I think is ambiguous.
The Will states:-
“When this trust ends the House shall form part of my residuary estate”
Residuary estate is not defined but residue is referred to later in the Will -that’s fine.
The Will goes on to say - “I devise and bequeath the residue of my real and personal estate whatsoever and wheresoever to my wife Deidre Barbara Griffiths”. Does this mean the half share of the house now comes back into her estate when she dies? To be the subject of her Will and not his.
The next para reads “If my wife should die within 30 days of my death or predecease me…” (of which neither has happened!) “… then I devise and bequest the residue of my real and personal estate whatsoever and wheresoever to my son XX and daughter XX in equal shares”
And that’s it. Who is the remainder man in this instance? I believe it is the widow in which case her Will can deal with the whole of the property and not just her half share… Am I right?