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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my wife will be executor 0f my will. beneficial share and

Resolved Question:

my wife will be executor 0f my will.
beneficial share and interest in our flat is given to my wife in trust.
income from the flat will be paid to my wife subject to that absolutely
for such of simon and jane (children) as are alive at my death and if both in equal shares
absolutely..
what is the meaning of this part?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

The wording means that as and when anything happens to your Wife, the Flat is to be divided equally between your 2 children. So, your children would have the option of selling the Flat and dividing the proceeds equally between them, or they could both agree to retain the Flat and rent it out, with both of them being entitled to half of the rent.

The section of the clause which states "as are alive and if both in equal shares" means that if one of them has died before your Wife then the surviving child will inherit the property alone.

I hope this assists, but please let me know if you require any further clarification.

Kind Regards
AL
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