I’d appreciate some feedback though I suspect I know the answer. Would be great to have some confirmation that it’s the right answer though
My client is wife and residuary beneficiary of husband’s estate.
Husband left business to sons - standard Will wording - gift of share in the business.
There is a substantial self assessment bill - £150,000. The beneficiaries are arguing about who should pay it.
Presumably as it’s husband income it will be paid from residue BUT the deceased always settled his income tax liability from his business accounts. This is why wife is querying it.
That brings me to my second point- there is no mention of the building accounts in the Will but presumably they pass to sons as part of the business? There is then a sole trader account registered in husband’s sole name- presumably this passes to wife as part of residue?
Going back to my first point about the self-assessment. Wife does not believe it would have been the intention of her husband to require payment out of residue. He has left pecuniary legacies but if the income tax liability is settled out of residue there won’t be enough money to cover those. Do you think it’s worth a Larke v Nugus statement letter to solicitors who drafted Will?