In a Will the property is specifically bequeathed to the deceased’s son.
The son predeceased his mother.
Does the gift fail and the property then fall into residue, or is it caught by s.33 Wills Act?
Many thanks.
Martyn Dixon
Harold Bell Infields & Co
Provided that the gift to the son is made under the mother’s will then s.33 will apply provided that there is no contrary intention. That the will does not otherwise dispose of the property is not a contrary intention in itself.
If the other was, say, given an IPDI under the father’s will and the property would have passed to the son had he survived g=her, then s.33 does not apply (as it only applied on the death of the testator and not on the death of any other person)
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals