Deed of Variation - Drafting Query

A Residuary Beneficiary wishes to vary their share of the Residue by making a gift to their son from their share. The clause in the Will is set out as follows;

“Upon Trust for such of them my daughters X, Y and Z as shall be living at my death and if more than one in equal shares”

Can a simple deed stating X is entitled to 1/3 and from her 1/3 first gifts £xx with the the remainder of her 1/3 passing to her, or does the whole clause need to be re-drafted involving all 3 of the Residuary Beneficiaries?

Thank you.

Rhiannon Stonehouse
Wannops LLP

That is the format that I would normally suggest – making the gift out of X’s share only.

Paul Saunders FCIB TEP

Independent Trust Consultant

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