We are dealing with an Esate where the Will has left a share of the house on a Life Interest Trust for the other joint owner (not married). On the life tenants death that share of the property is then simply divided in differing shares between 3 Remaindermen all of whom are the Testators children. One of those Remaindermen has in fact predeceased the Testator but she is survived by a daughter who is somewhat distant from the rest of the Remaindermen and from the Testator.
What is the effect of the earlier death of the daughter of the Testator on her share of the Trust - has it failed completely on the basis that she was not alive at the date of the Testators death? If so would the provisions of S33 Wills Act apply and the granddaughter become entitled. The Will specifically excludes S33 in the clause dealing with the Residue? Would this be sufficient to show a contrary intention if the section applied to the gift in the Trust?
I would welcome any thoughts?
The testator’s grand-daughter will inherit under s 33 assuming grand-daughter is alive at the testator’s death.
I don’t believe that the provision in the will re the residuary estate would amount to a contrary intention with respect to the grand-daughter inheriting.
Malcolm Finney