Please would someone look at the following Will and please help me with a couple of queries I have with regards to it?
THIS IS THE LAST WILL AND TESTAMENT of me JOHN
I REVOKE all former Wills and declare this to be my last Will.
I APPOINT my cousin Tom and my friend Agar (hereinafter called “my Trustees”) to be Executors and Trustees of this my Will.
I APPOINT my Trustees after the death of my dear Wife Ruth to be the guardian of my infant child.
I DEVISE my messuage or dwellinghouse now in the occupation of Mr. Taylor unto my Trustees Upon trust to permit my dear wife to have the rents and profits thereof until my daughter Annie attains the age of 21 or marries under that age and from and after my said daughter attaining the age of 21 years or marrying whichever shall first happen I DEVISE the same unto my said daughter absolutely in case my said daughter shall die before attaining the age of 21 years or marrying then I direct that the said messuage or dwellinghouse shall fall into and form part of my residuary estate.
AS to the rent and residue of my estate both real and personal I GIVE DEVISE AND REQUEATH the same unto my Trustees Upon trust to convert the same into money and to pay my just debts funeral and testamentary expenses and to stand possessed of the residue in trust for my said dear Wife absolutely
When it says AS to the rent and residue of my estate both real and personal, could this also relate to other property/properties John owns?
When John dies, his daughter is only a baby.
Are his Wife and trustees allowed to sell the messuage or dwellinghouse that Annie has an interest in?
I don’t like how it defines the property as being the one where Mr Taylor lives: depending on the circs it could make the gift void for uncertainty. Much better to have given the address and maybe add ‘or such other property as may be the main residence of [full name] at my death’. Who is Mr Taylor?
In any event, it seems that wife has an interest in possession in the property. This would not be in the bricks and mortar but in whatever assets represent that property (if e.g. the trustees sell it and buy a new one). Do we know the ethos behind the trust? Was it to ensure that wife had a roof over her head? On the face of it, the trustees do have power to sell but it would be nice to know more about what the trust was meant to achieve; this could impact whether it is a good idea for the trustees to sell.
If they do sell, the proceeds would still be in the trust on the same terms, i.e. for wife until Annie turns 21 or marries, then for Annie.
The ‘as to the rent and residue’ clause should just cover any other assets that the testator had.
Thank you eddiebell,
I’m sorry, it does state the location i just took that bit out.
I assume Mr Taylor is the current tenant of the property.
I do know when John dies, Ruth is made Life tenant in possession.
I only have the Will and no other details yet.
AS to the rent and residue of my estate both real and personal - when you say other assets, would/could this include other real property of the testator?
Many thanks for your insight