| Lawyers Please Interpret Wording in Deceased’s Trust Fund:?

Lawyers Please Interpret Wording in Deceased’s Trust Fund:?

enola gniyd asked:


“Notwithstanding any prior provision hereof,at the end of 21 years after the death of the last to die of all of my descendants living at my death,the Trustee shall distribute each trust then held to the beneficiary thereof.”

ok,my grandfather had three children,15 grandchildren and 14 great grandchildren at the time of his death … does that sentence pertain to the last to die of all of his descendants or just to his 3 children ??

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Comments

2 Responses to “Lawyers Please Interpret Wording in Deceased’s Trust Fund:?”

  1. JOHN R on May 13th, 2009 10:27 pm

    I have no idea what he actually meant to achieve but if the wording you have given is exactly what was said then I think it means the last of the 32. However you will be pleased to know that it should not be too difficult to find someone who would argue that it was the three children. Sad to say but with a trust like this the only people who will actually get anything are the legal advisors.

  2. sactoking on May 15th, 2009 7:55 pm

    The wording provided would hold that the trusts be distributed 21 years after the death of the longest-surviving of the 32 descendants alive at the time of your grandfather’s death. No specific exemption was made to exclude the grandchildren and great-grandchildren from the calculation, and they are by legal definition, all descendants.

    This ambiguity can be challenged. While not privy to the remainder of the clauses activated by your grandfather’s death, someone may be able to convince the court that it was not his intent to start the ticking clock so late, if the intent was for his grandchildren and great-grandchildren to be the primary beneficiaries of his trust.