I need a will extract interpreted, eg. does (1) allow trustee…

Leon - I do not believe that the trustee holds the estate on behalf of a beneficiary in the will. The remainder of the will, is mostly as follows:

I DIRECT that to share in my estate a person must survive me for 30 days and the word "survive" is to be read accordingly.

After payment of all my just debts funeral and testamentary expenses including duties both Federal and State on the whole of my real and personal estate I MAKE the following GIFTS BEQUESTS AND DEVISES

I give: a) - d) amounts/items specified

The residue of my estate TO those of my children (Person 1) and (Person 2) who survive me and if both then equally. If any gift to any of my children does not take effect THEN any benefit to which that child would have been entitled is to be taken by those of his or her child or children who survive me and if more than one then equally.

No further substitution arising by law is to apply to my Will.

Whilst I undertand the general info you have provided, I still do not understand the clauses. (i) appears to allow a benefit to cover 'maintenance education advancement' (what is this?) or anything else for that matter. This seems to me to suggest the trustee effectively has the right and discretion to distribute/retain any assets irrespective of what has be bequethed - it this right? (ii) applies assets for what specific purpose? it is unclear. Also, what would be situations that typically could apply for the trsutee to exercise his rights under these clauses (i)-(iii). i.e. what is the intent?

Thank you.

I'm sorry but my original questions have not been answered in a way that provides me clarity. The additional clauses provided to you in my last email are understood (i.e. persons 1 & 2 are entitled to the amounts and items specified, etc.). I was not seeking an explanantion of the additional information sent in my last email - it was provided for 'completeness' of information so you could formulate your advice in respect to the clauses (i)to (iii).

I return to seeking clarity on

• Clause (i) - what is 'maintenance education advancement'?. Clause (i) seems to me to suggest the trustee effectively has the right and discretion to distribute/retain any assets irrespective of what has be bequethed - it this right?

• Clause (ii) for what specific purpose do the assets in this clause apply ?

• what would be situations that typically could apply for the trsutee to exercise his rights under these clauses (i)-(iii). i.e. what is the intent?

I trust you will be able to assist. Cheers.