I have been asked to advise in relation to the terms and effects of a client’s late father’s Will. He gave his wife a life interest in his share of the home. On his wife’s death the life interest forms part of the residuary estate. The gift of residue is to the wife absolutely if she survives him by 30 days, which she has. There is a substitute gift of residue to grandchildren. My question is whether on the wife’s death the share of the home would go to the wife’s estate, since she did survive him by 30 days, or would it go to the grandchildren? If it were to go to the wife’s estate, presumably there can be no life interest as the life tenant and the remainder man cannot be the same person, surely. Could she insist on having the deceased’s share of the house absolutely?
Mugford & Co Wills (Fareham) Ltd