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Clare, Solicitor
Category: UK Law
Satisfied Customers: 34105
Experience:  family solictor with 25 years experience
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My mother passed away recently. In her will it states 'My

Customer Question

Customer: Hi Joshua, My mother passed away recently. In her will it states 'My trustee shall hold the balance of my said real and personal property remaining after such payments herein called my residuary estate upon trust for ***** ***** May absolutely. What does this mean? Is there a trust to be set up?
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Submitted: 1 year ago.
Category: UK Law
Expert:  Buachaill replied 1 year ago.

1. This clause sets up a will trust with the executor or trustee acting as the trustees of the trust. Alternatively, if these people are not willing to act, another person(s) might be appointed as trustees as there must be two trustees in order that a trust be valid. These trustees then manage the monies in the residuary estate of your deceased mother for the benefit of May. There is only one beneficiary of the will trust - May - and the trustees must deal with the monies for her benefit. If you have any further queries, I will be happy to help.

Expert:  Clare replied 1 year ago.


Thank you for your question

My name is ***** ***** I shall do my best to help you.

In fact all it means is that xx may inherits whatever is left.

It can be paid over immediately provided xxxx May is over 18

There is no complex trust being created at all