I have a deceased client, death occurred in 2010
5 beneficiaries highlighted on handwritten Will and this has been excepted for probate purposes in England. 3 of the beneficiaries were over 18 already and the proceeds of the estate are not to be distributed until the youngest child reaches the age of 21. The Will is silent on death of a beneficiary prior to apportionment of capital. It is the very basic Will wording that is causing an issue.
Is the Will Trust a Bare Trust or Relevant Property Trust. The Trustees feel that the settlor wanted the other beneficiaries to absorb the remainder should one of the beneficiaries die before entitlement.
I feel that it is not a Bare Trust as no award at age 18 and needs to be held to 21.