Q&As

Where a Will and codicil leave a life interest and remainder in part of the same property to the same person, do the interests merge so that, on the testator's death, the life tenant/remainderman has an absolute interest in the relevant part of the property? If so, should the Will be rectified or varied or should the life interest trust be partitioned?

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Published on: 09 March 2022
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Where the Life tenant and the Remainderman are the same person, the interests should merge. See Q&A: 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? Whether the Life interest and Remainder interest

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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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