A testator is a remainderman of a trust established on the death of his first wife. The trust allows X to occupy the property for the rest of his life. On the death of the occupant the property is split four ways between testator, 2 children and one other.
The testator is to make a will leaving his share to his 2nd wife.
Is it possible to specify that the testator’s share can pass to his own children if the 2nd wife does not survive the occupant?
I consider that the interest of the 2nd wife is vested on the death of the testator so this is not possible
OR, can the entitlement of the 2nd wife be made contingent on the occupant having survived?
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OR, can the entitlement of the 2nd wife be made contingent on the occupant having predeceased? (sorry in original post meant to conclude by saying ‘predeceased’ rather than survived)