A died in 2023 and was the life tenant of a marriage settlement in 1987 with one of her sons benefitting in the future. In 2021, it was decided how the items were to be divided and the son was to receive a parcel of land. The son predeceased A and the marriage settlement seems silent on what happens to the land/assets if any child predeceased her. What are the underlying provisions if the settlement is silent on this point, does the land go into the son’s estate or back into A’s estate?
It would be necessary to analyse the terms of both the marriage settlement and the documentation supporting the division and how they interact before being able to identify the possibilities.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals