Q&As

In a life interest trust, assuming the trust deed is silent on this matter, if one of the remaindermen predeceases the life tenant, does the remaindermans' interest then pass to the remainderman's own estate, or to the surviving remaindermen?

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Produced in partnership with Oliver Hilton of Radcliffe Chambers
Published on LexisPSL on 26/01/2017

The following Wills & Probate Q&A produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • In a life interest trust, assuming the trust deed is silent on this matter, if one of the remaindermen predeceases the life tenant, does the remaindermans' interest then pass to the remainderman's own estate, or to the surviving remaindermen?

When administering a trust, and in particular considering the distribution of assets, it is the duty of the trustee to ascertain those entitled. This is usually a matter of construction. So, in relation to an express trust, the extent of the interest taken by a beneficiary is a matter of the intention of the settlor as expressed in the trust instrument.

Where the trust instrument directs an interest in capital for the purposes of benefiting a person of full capacity in some specified manner, subject to words of limitation in the trust, it confers on that beneficiary an absolute, vested interest in the capital. It gives that beneficiary the right to call for a transfer of the property. Where that beneficiary dies, the vested right to call for a transfer of the property passes to his personal representatives. Conversely, where by reason of words of limitation the righ

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