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?
Published on: 09 March 2022
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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