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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Wills. Administrative Provisions. I am a paralegal dealing

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Wills. Administrative Provisions.
I am a paralegal dealing with drafting two wills.
The beneficiaries are to be minor children.
The testator and testatrix want to vest the beneficiaries' interests until they attain 18 years (as the first reaches 18 he can take his share, as the second reaches 18 he too can take his share).
The testator and testatrix do not want the parents of the beneficiaries to give a valid receipt.
They want the gifts to be held by trustees.
I understand that I will need to incorporate an administrative provision to cover this.
Please could you provide suitable wording or in the alternative can I simply say "I Direct that any gifts to xxx & xxx are TO BE HELD IN TRUST ABSOLUTELY and that xxx & xxx will be entitled to their share upon individually attaining eighteen years of age"
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion first.I am a little confused - what do you think is unusual about these instructions?
Customer: replied 10 months ago.

Hi Clare

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?

Expert:  Clare replied 10 months ago.
Only a little -but it is understandable - been there done that lol!No substitution of children for parents?
Customer: replied 10 months ago.

No

Expert:  Clare replied 10 months ago.
Did you discuss that?
Customer: replied 10 months ago.

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?

Expert:  Clare replied 10 months ago.
I am much more concerned about the fact that if the Son dies his child loses out?
Customer: replied 10 months ago.

Yes. I am going to have them back in.

Thanks Clare.

I knew things were not right and you have helped me clarify why.

Expert:  Clare replied 10 months ago.
Excellent Idea.You might wish to push for Husband and Son being Executors (in case husband is too old/ill when the time comes) and the name of a nephew/niece/family friend who can be the default executor.Clarify the position with regard to the children of the son.The point you were worried about is not a problem - you simply confirm that the grand children's share is held on Trust until they are 18!
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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