Thank you for assisting me in this matter.
There are three unusual things about these instructions.
1. I detect some family undertones between the Testators and their two daughters.
2. No trustees are being appointed.
3. I have never dealt with an administrative provision to prevent parents giving a valid receipt for gifts to minors.
The family tree consists of
a) Husband and wife making joint wills,
b) one son and two daughters and
c) several grandchildren of which two are beneficiaries.
I will just deal with the wife's will for ease since the wills are mirror copies.
So it goes as follows :
1. Wife appoints husband as sole executor.
2. If husband dies then wife appoints son as sole replacement executor.
3. Residuary Estate to husband.
4. If husband predeceases or dies within 28 days then residuary estate to son.
5. If both executors die then residuary estate to two daughters in equal shares.
6. If daughter A dies then half residuary estate to son's son vested until 18
7. If daughter B dies then half residuary estate to daughter B's daughter vested until 18
8. If 6 and 7 applies wife does not want parents of minors to give a valid receipt. I do not know either the wording of that and since everyone is dead I am not sure who would be trustees.
Am I over complicating matters?
No we did not.
Having thought on this further I think that I need to have them back in. The will as drafted giving everything to the son could leave them wide open to a Family and Dependants contested will by the daughters, unless they are prepared to attach a letter to the will with a clear explanation why they have left everything to the son.
Do you agree?
Yes. I am going to have them back in.
I knew things were not right and you have helped me clarify why.