rachel2
(rachel2)
1
The residuary estate in the Will states
“to be divided equally between my son x and my daughter Y.”
The daughter predeceased, my assumption would be the daughters share is intestate rather than the sons view that it should all pass to him.
Any views would be most grateful
Rachel Stafford
Rachel Stafford Legal Services
paul
(Paul Saunders)
2
The gift is to the son and daughter as tenants in common in equal shares.
Did the daughter leave issue? If so, s.33 Wills Act 1837 applies, so that they take her share.
If no issue, then I agree that the daughter’s share passes on intestacy.
Paul Saunders
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