I am acting for a client who has received a life interest in his Wife’s half of the house.
The states that when the spouse fails to live in the house the share of house will form part of the residuary estate.
My client the spouse is the sole residuary beneficiary.
If he disclaims the life interest will the Wife’s share of the house fall to him under the residuary estate?
Rachel Stafford
Solicitor
That would seem to be the case.
However, was that the testator’s intention?
I suggest you obtain the will-drafter’s file and check the instructions as it is more usual for the gift in remainder to be to those who would benefit if the spouse had pre-deceased.
This may be a case where rectification needs to be considered.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals