Q&As

Is an immediate post-death interest created by a Will an absolute gift where the life tenant and the remainderman are the same person? If this was a mistake, can any action be taken to rectify this?

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Published on LexisPSL on 26/06/2017

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Is an immediate post-death interest created by a Will an absolute gift where the life tenant and the remainderman are the same person? If this was a mistake, can any action be taken to rectify this?
  • Merging interests
  • Correcting mistakes

For the purpose of this Q&A, we have assumed that the surviving spouse has not yet died.

Merging interests

A life tenant is entitled to income produced by the trust fund or to the use of trust assets. The life tenant is not entitled to capital held for the beneficiaries in remainder on the termination of the life interest. Put very simply, income is payable to A for life and on A's death B receives the capital. The beneficiaries may be named with

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