Q&As

A life interest trust was created by the deceased’s Will. Where one of the remaindermen survives the deceased but predeceases the life tenant, what will happen to the remainderman’s share of the estate on the life tenant’s death? The Will does not provide any instruction on this matter.

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Produced in partnership with Paul Davies of Clarke Willmott
Published on: 04 December 2018
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This depends on the wording of the Will. In all likelihood, the Will simply said that, subject to the life tenant’s interest, the trust fund would pass to the Remainderman. In that case, the remainderman’s Reversionary interest in the estate has vested in them and, assuming they have not disposed of it during their life, it forms part of the remainderman’s estate on their death. The Remainder interest is intangible property and can be dealt with in the same way as any other intangible asset. The remainderman’s personal representatives will deal with the reversionary interest as with any other intangible asset comprised in the estate. In all likelihood, it will be assigned to the beneficiary or beneficiaries of the remainderman’s residuary estate. Notice of the assignment should be given to the

Paul Davies
Paul Davies

Paul Davies is a partner in the private client team of Clarke Willmott. He is a solicitor, a chartered tax advisor, and a member of the Society of Trust and Estate Practitioners, as well as being a chartered accountant (albeit no longer practising as such). He specialises in providing advice across the range of different tax and legal issues that face high net worth individuals, executors, and trustees.

Paul's work spans all areas of private client work, including wills, trusts of all kind, inheritance tax, succession planning, probate and estate administration, and lasting powers of attorney.

Paul acts as a professional trustee for a number of family trusts, and is also regularly called on to act as a professional executor.

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Jurisdiction(s):
United Kingdom
Key definition:
Life interest definition
What does Life interest mean?

An entitlement to trust income or to the use of trust assets, but not the capital. Also called an possession'>interest in possession.

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