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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
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Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother in law has passed away and I am an executor of the

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My mother in law has passed away and I am an executor of the will.
There is something I need to understand.
Absolute Pecuniary Legacy
It says I give free of inheritance tax 10,000 to my sister ....
Provided that the above gift shall take effect only if the gift of residue to my husband ...
Shall fail.
I should add the husband died 15 months ago.
Then moving in to the section that says
Absolute Pecuniary Gift
a. Subject to the trusts declared above, my executors shall hold my estate for my husband...
Provided that my husband shall survive me by twenty eight days.
b. Subject as above my executors shall hold my estate for my daughter Lynn...
The Daughter is my wife, also an executor.
I need to know do I simply give the previously mentioned sister the £10,000 or is it not as simple.
There is no one else in the will
If you could help I would be grateful.
L Carroll
Hi,Thanks for your enquiry.Whenever a Will is administered, the Executors have to firstly pay any Inheritance tax, if applicable and then pay off any other debts of the deceased.Thereafter, the pecuniary legacies have to be paid, and whatever is left over is then paid to the residuary beneficiary/ies.So, her Sister has to be paid her legacy of £10,000 once the other debts and any Inheritance tax has been paid.(the reference to "free of Inheritance tax" just means that her sister is entitled to the full £10,000 even if Inheritance tax is ).The legacy does need to be paid out as her husband predeceased her.I hope this assists and sets out the legal position.Kind RegardsAl
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