Who are the residual beneficiaries?

Testator M had 3 adult children E, D and V.

D died before his mother M, leaving issue (2 children JD and JS).

M then writes her will when she is in her 80s with the following paragraphs included

“to hold the residue thereof… UPON TRUST for such of my son E and my daughter V as shall survive me and if more than one in equal shares absolutely PROVIDED THAT if any child of mine dies before me or before attaining a vested interest leaving issue who survive me then such issue shall on reaching the age of 18 years take equally the share which his her or their parent would otherwise had taken

IN the event of the failure of the trusts herein before declared in relation to my Residuary Estate by reason that no person takes a vested or indefeasible interest in the capital thereof then subject to the trusts aforesaid and to the exercise of any power hereby or by law conferred upon my Trustees my Residuary Estate and the income thereof shall be held UPON TRUST for such of my grandson JD and my granddaughter JS as shall survive me and if more than one in equal shares absolutely”

At the time the will was written, E was in his 60s and childless and V was in her late 50s and childless.

M’s husband R, dies before her and his will leaves everything to M if he should die first.

The 2 grandchildren from D were both under 18 at the time M’s will was written.

Who are the residual beneficiaries?

Commentator Asked on 18th October 2025 in Wills & Probate.
Add Comment
0 Answer(s)

Your Answer

By posting your answer, you agree to the privacy policy and terms of service.