Legal Question in Wills and Trusts in Australia
Bequeathing same property to opposing parties
This is on behalf of my husband. His father just recently died. Was married to his mother for 30 odd years, then lived with defacto for another 30 odd years. There are children from both relationships. In his will there are numerous clauses, in 2 seperate clauses he says ''I give devise and bequeath the rest and residue of my estate......etc'' to the two families in seperate clauses. He ''bequeaths'' the residue of his estate to his spouse in one clause but the ''bequeaths'' it to his children in another clause. Which clause is the correct one? How can the same property be ''bequeathed to opposing parties. The children from his first marriage do not get along with the second family at all.
1 Answer from Attorneys
Re: Bequeathing same property to opposing parties
It is impossible to say on the information provided.
A proper answer could only be given after examining the terms of the will
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