Legal Question in Wills and Trusts in Australia
interpretation of clause in will
My fathers mother (my grandmother)has died, a clause in the will states that in the event of either my son JC (my father - deceased), my son AJ, my son DA, my son JW or my daughter PM predeceasing me leaving a child or children him or her surviving then I direct that such child or children shall take and if more than one equally between them the share which his her or their parent would have taken under this my will had such parent survived me.
As I was originally one of four children, but both my brother and a sister are deceased and my father is now deceased, is my surviving brother and I entitled to my fathers share, or in fact should a share should go also to my deceased brother and deceased sisters children.
1 Answer from Attorneys
Re: interpretation of clause in will
if you have accurately set out the clause in the will and the surrounding facts then you and your brother share equally in your deceased father's share of your grandparent's estate.
It is common to make provision for deceased childrens' children (grandchildren) but it must be specifically sddressed.
The only other issue is if either of your deceased siblings survived your grandparent by 30 days in which case the deceased sibling's share would be dealt with under his/her will.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
