A testator wants to make provision in his will for a residual share which he might receive when his Father passes away. The Father has made a homemade will splitting his estate several ways. There is adequate description in terms of all of the other shares as to how these will pass if the intended beneficiaries should predecease. However, the substitutionary provision in terms of the share he will receive is not left to a specific person. Instead there is a vague reference that it shall pass as set out in his own (ie the son/testator’s) will.
In other words, if he dies before the Father, the intention is that it is to pass to the residuary beneficiary of the testator’s estate (ie that being as per the son’s will).
Is it enough to simply expect this to fall into the residuary estate of the testator (if the testator should die first) or should there be some specific reference within the testator’s will to any potential inheritance that they might in the future receive.
The Father is not able to change his will to address any issues of uncertainty.
Joanne Ball Solicitor