Legal Question in Wills and Trusts in Trinidad and Tobago
In my father's will that was done in 1996 he left a specific vehicle for his brother. the make and licens plate number of the vehicle was stated in the will. however he has since sold that vehicle and bought another in 2005, so the will has the vehicle that was sold. what will now happen with the new vehicle seeing that it is not the the will?
1 Answer from Attorneys
A specific vehicle was given in the will to the testator's brother. This gift was sold during the life of the testator so did not exist at the time of the death of the testator. That gift will fail so the brother has nothing to get. The other car purchased will form a part of the testator's estate upon his death but since it was not given to any specific person, it will form a part of the residue. The residue will go to the residuary beneficiary. On the will usually at the end it states ....everything and eanything I may die siesed and possessed I give to Tom/Harry or my wife/children........This or those identified person(s) are entitled to the car