Deceased beneficiary - opinions please

Trusts Discussion
1

I have been asked to advise on a Will (not mine).

Testator died leaving wife and children.

The Will leaves the deceased’s share of the matrimonial home on trust for wife for life and then
“subject as above, the Trustees shall hold the property fund for my son G, my daughter D and my son S absolutely”.

Daughter D survived the testator but then died (so s.33 of the Wills Act cannot apply, to get that out of the way).

The residuary estate is left “for such of my children . . . as shall survive me in equal shares absolutely”, with a per stirpes provision, but no such niceties appear in the wording of the trust.

When the life tenant dies, I believe the trust fund is to be split three ways, with D’s estate receiving one third.

What does the panel think?

Michael Cutler
Colemans Solicitors

1 Like
2

Yes D’s estate has a reversionary Interest in the one third share.

Patrick MORONEY

1 Like
3

Many thanks

Michael Cutler

4

Arguably, the fact that the wording does not include ‘and if more than one in equal shares absolutely’ may imply that the reversionary interest is held jointly and not as tenants in common, so that while D’s share vested at the time of the testator’s death, the joint nature of the reversionary interest means that on D’s death her interest falls to the other joint tenants.

5

Thank you for this thought, Lex.

Michael Cutler

Colemans Solicitors