Legal Question in Wills and Trusts in Maryland
Question about a will
what does this actually mean? ''Unto Constance 50% with the understanding that it is my desire that in her discretion she shall provide for gifts to : Carla--name removed-- John (her son) Janice , Vondelear . Does that person get to keep all of the 50% to themselves or does it mean that they have to use the 50% some kind of way to ''gift'' the people listed?
1 Answer from Attorneys
Re: Question about a will
They get to keep the 50% to themselves. Merely expressing a desire is not enough to create a trust in which the trustee (in this case, Constance) is to hold the 50% in trust for the beneficiaries (Carla, John, Janice and Vondelear). Further, the language here makes any gift at Constance's discretion. Of course, Constance knows what she's supposed to do, so if she does not make the gifts described, she might feel some pang of conscience.
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