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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7503
Experience:  BA (Hons), PgDip, Practising Solicitor
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the will states that I am a trustee, but on another paragraph

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the will states that I am a trustee, but on another paragraph it also states that upon death the trustees are to made absolute payment to my name with equal share with another mentioned name. Does this mean that I am one of the beneficiary

Can you type out the paragraph dealing with the payment on death please?


Kind regards,

Tom

Customer: replied 5 years ago.
I have to send this information in a few minutes time when I get the will.

That's fine. You will have to type out the relevant clause, it should refer to the "my residuary estate"


Tom

Customer: replied 5 years ago.
I appoint my niece J. Ony of (address) and My grand niece C. Koh of (address) to be Executors and Trustees of this my Will (hereinafter called "MY Trustees which express shall include the Trustee or Trustees for the time being hereof).

The next few pages:
My Trustees shall held the net proceeds of such sale calling in and conversion together with my ready money and any property for the time being remaining unconverted upon the following trusts:

(c) Upon trust asolutely for such of my niece J. Ong and my grand niece C. Koh as shall survive me and in equal shares if more than one PROVIDED THAT if the trusts declared by this sub-clause (c) of this my WILL shall fail entirely and subjet thereto:
(d) Upon trust absolutely for such of my grand niece S. Ong and my grand newphew J. Ong as ahll survive me in equal shares.

Right.

 

What does it say before the sentence beginning "My Trustees shall held the net proceeds of such sale"

 

Which if the persons named are you?

 

Tom

Customer: replied 5 years ago.
I give devise and bequeath all my real and personal estate of whatsoever nature and wheresoever situat (including any property over which I may have a general power of appointment or disposition by Will) to my Trustees upon trust to sell call in and convert the same into money with full power in their absolute and uncontrolled discretion to postpone such sale calling in and conversion for so long a period as they shall think fit without being responsible for loss.

Okay, which of the persons referred to in the passage are you?


Tom

Customer: replied 5 years ago.
I am C. Koh

Hi,

 

Yes, that means that you have been named as the jointly beneficiary of the estate of the deceased person along with J Ong. You will be entitled to half of the estate of the deceased following payment of funeral expenses, debts and any other legacies made in the Will.

 

If you have also been named as one of the trustees then that means you are one of the executors of the estate which means that you shall be responsible for the administration of the estate upon death. You will have to account for any inheritance tax payable, apply for probate and divide the estate in accordance with the WIll.

 

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KInd regards,


Tom

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