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The will reads
'5, Provided she survives me for a period of 28 days then I leave the residue of my estate (out of which shall be paid my funeral and testamentary expenses and my debts) and any property over which I have at my death any general power of appointment to my wife absolutely.
6. If my wife does not survive me for the said period of twenty eight days then and only then the following provisions of my will shall apply'
It then goes on to stipulate the property be sold, the value split between myself and my sister and our children etc.
I hope this is what you need.
Point 1 Advises he revoked any other wills or testaments and declares this to be his last will.
Point 3,a, stipulates thus
'I appoint my wife XXXXX XXXXX of their home address aforesaid or if the appointment of XXXXX XXXXX fails then I appoint Christopher Alan Pitt (his address is then given) and Martin Wise (his address is then given) to be executors and trustees of this will'.
Point 3 b stipulates
'IN THIS WILL and codicil to it the expression "my trustees" means its trustees for the time being or (when the context requires ) my personal representatives for the time being'
point 3 c stipulates
'Any Powers given to the trustees of this will (by the will or any codicil to it or by the general law) may be exercised by my trustees before the administration of my estate is complete and even before a grant of representation has been obtained'
4, I give (free of Tax) my 2 pocket watches to my son John XXXXX XXXXX (ME) (then my address is stipulated)
then point etc is listed.
Al. Many thanks for that. So, if I get your advice, even tough myself and my sister are named beneficiaries of my late fathers will, we would only benefit from it if my step mother has made similar stipulations in her will? You are correct it is not what I wanted to have revealed but I do have to respect his wishes.
Do I also take it the house has to remain un occupied for so long as she is still alive, living as she now does, not at the address but in a care home with advancing dementia?
Knowing my father as I did I'm not altogether sure he would have wanted this. It seems such a waste of what is, at the moment, a nice well looked after property.
Hi Aston Lawyers. I have already rated you as excellent as I was very happy with your service. Your answers made the points I was unsure about clear to me so now I fully understand the details.
I will keep you in mind if I need any further legal help.
Thanks so much.