Q&As

Life interest trust: effect of life tenant predeceasing testator

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Published by a LexisNexis Private Client expert
Published on: 25 October 2022

If there is a Will where the testator gives the property to the trustees to hold in a life interest trust and the only life tenant dies before the testator, what happened to the remainderman's interest? Does the gift of the trust fail as a result of the death of the life tenant and the fund falls back into residue or does the remaindermen still take their interest upon the death of the testator?

The precise wording of the Will, including any survivorship provisions and conditions or contingencies, will determine how the property passes on the testator's death and in whom and when it vests.

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United Kingdom

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