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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Mary Bourke, Phillip Island:Re interpretation of a clause

Customer Question

Mary Bourke, Phillip Island:
Re interpretation of a clause in a deceased estate's Will. I am co executor of my aunt's Will and require clarification of a Clause 6 in her Will regarding the extent of distribution.
The clause states : " In the event of any beneficiary under this my Will dying without having obtained a vested interest herein, leaving issue him, her or them and me surviving such issue shall take (and if more than one equally)the share in my Estate which his, her or their parent would have taken had such parent lived."
My query concerns the fact that my maiden aunt was one of nine children and three sisters predeceased her. She passed away in June last year. One of the sisters had an only child who predeceased my aunt earlier last year. An earlier clause in the Will states that if a sibling predeceases, then their inheritance passes to their children. Under our solicitor's instruction her estate has been split seven ways, and the beneficiaries have been informed of this. The distribution has not yet been made. However, as this niece has three surviving children, the solicitor is now unsure if they too (re Clause 6) should be included in this matter and be beneficiaries of their mother's entitlement.
We are tending to going this way but want guidance/clarity that this is the correct way to go. It wil mean informing the beneficiaries of this change of distribution and reallocation of their inheritance.
I would appreciate any advice on this matter at your earliest convenience.
Thank You
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Can you email me the will so I can see exactly what it says?It needs to be read as a whole. email is***@******.*** not post here as it will be public
Customer: replied 11 months ago.
Thanks you Leon but I won't be continuing with this matter as my co executor brother is obtaining legal advice as we speak.
I apologise for any inconvenience to you.Regards
Mary Bourke
Expert:  Leon replied 11 months ago.
Good Morning, All the best and good luck