If a Will gives surviving spouse an IPDI in the deceased’s share of a property held as tenants in common but does not specify what is to happen to that share when the life interest ends, does the deceased’s half share of the property fall into his residue or is there a partial intestacy?
Lorraine Gill
MG Legal
The actual wording of the Will determines this, and can sometimes be tricky in these situations, but on the bare facts, it falls into residue.
Simon Northcott
Without having seen the clause, my instinct is that it’d fall into residue. Is the life tenant the same person as the residuary beneficiary and are they still alive?
Eddie Bell
McMillan Williams
As there appears to be no gift on the determination of the the surviving spouse’s interest (ie there is no gift of the remainder interest) the interest in remainder falls into residue. If there is no residuary gift the interest passes on intestacy.
Subject to contrary intention in the will.
Malcolm Finney