Hi,
My wife's grandmother passed away last year in July and I have a question regarding a couple of clauses in her will.
Her grandmother had a property, and one clause in her will states that if she passes away, her husband at the time can stay in the property for as long as he wants, and that the property cannot be sold until he moves out. The clause specifically states "my said husband may live in the house as long as he wishes provided he pays the rates and taxes levied on the property together with all mortgage repayments and the premiums on any insurance policies taken out by my Trustees on the property and keeps it in repair to their satisfaction".
So far her husband has met all these conditions.
My wife's grandmother had left half of her remaining real estate to one of her sons. He unfortunately passed sway around a month ago. The clause regarding her property states that "if he dies before me or dies before attaining a vested interest", then his half shall be distributed to other beneficiaries. The executor of his will is now stating that they can't finalise his will because his mums will (my wife's grandmothers will) needs to be finalised.
It is my view that because he died before my wife's grandmothers husband had moved out, that he did not attain a "vested interest".
Can anyone confirm whether my train of thought is correct or whether he did attain a "vested interest" even though he's now passed away.
Thanks in advance.
My wife's grandmother passed away last year in July and I have a question regarding a couple of clauses in her will.
Her grandmother had a property, and one clause in her will states that if she passes away, her husband at the time can stay in the property for as long as he wants, and that the property cannot be sold until he moves out. The clause specifically states "my said husband may live in the house as long as he wishes provided he pays the rates and taxes levied on the property together with all mortgage repayments and the premiums on any insurance policies taken out by my Trustees on the property and keeps it in repair to their satisfaction".
So far her husband has met all these conditions.
My wife's grandmother had left half of her remaining real estate to one of her sons. He unfortunately passed sway around a month ago. The clause regarding her property states that "if he dies before me or dies before attaining a vested interest", then his half shall be distributed to other beneficiaries. The executor of his will is now stating that they can't finalise his will because his mums will (my wife's grandmothers will) needs to be finalised.
It is my view that because he died before my wife's grandmothers husband had moved out, that he did not attain a "vested interest".
Can anyone confirm whether my train of thought is correct or whether he did attain a "vested interest" even though he's now passed away.
Thanks in advance.
