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Ask for help > "I give my property to x and y as survive me and if both in equal shares"...
"I give my property to x and y as survive me and if both in equal shares"...
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blunderbuster
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"I give my property to x and y as survive me and if both in equal shares"...
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Dear native speakers and deal legal experts,
I have a question regarding the above extract from a will. Does this mean that the two beneficiaries get the same share of the property if they both survive the testator, and, if only one of them survives, that one gets everything? Also, is "beneficiary" a "she" in the linguistic-poetic sense?
Thanks for any help.
Regards
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9 Feb 2011
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blunderbuster
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(One more question, I can �t edit the original posting without having to retype the heading....)
There is one more section that I am not quite sure what it means:
"My trustee shall hold (blahdiblah)...upon trust to retain or sell it." What does this "upon trust" mean?
Thank you!
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9 Feb 2011
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douglas
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As I see it, your first post is correct:
"the two beneficiaries get the same share of the property if they both survive the testator, and, if only one of them survives, that one gets everything"
as for "poetic" she: I can �t really say. In English "he" has been the standard in most documents and writing concerning an unknown person, but gender neutral is growing wide acceptance (finally) you can go gender neutral with "they" (even for singular) or use "s/he"
Don �t know the answer to your second post--sorry |
9 Feb 2011
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[email protected]
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Hmmm...I �m not a lawyer but having written my own will recently (with professional help) I can shed some light on what you ask.
In order:
Q1, �yes �
Q2 (beneficiary) - male or female in any sense. No gender attached to the word.
Q3 As far as I understand it (and I hope someone will help me out a little) it means in a trust fund - that is, as an investment. In other words, the item (building, shares, money) will be �saved � or invested until the time is right to sell it - or not to, as the case may be.
Hope that helps!
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9 Feb 2011
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blunderbuster
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Hi Douglas and Alexander, thank you so much.
"Here is the full quotation from the will: "My Trustee or Trustees shall hold the residue of my English Estate (...) upon trust to retain or sell it."
Trustee upon trust? I don �t get that.
Thank you!
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9 Feb 2011
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[email protected]
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The trustee is a person who looks after a property/shares/money for someone else �s benefit. For ex, if you leave your money to your son, but want him/her to have it only when they reach 18, it is �guarded � by the trustee. The �trust � here is a noun, and means �trust fund �. In other words, someone dies and leaves the money to their son. The son is 12. He can �t have the money until he �s 18. The �trustee � (usually a relative, or perhaps a professional money man/woman) then manages the fund (or just waits, but the documents will be in their name) and releases it to the beneficiary when he �s 18.
BTW, �Alex � is fine!
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9 Feb 2011
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blunderbuster
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Thank you so much again, Alex. What threw me off was the "trustee" and the "trust" in one and the same sentence when one of them seemed redundant.
You have helped me a lot.
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9 Feb 2011
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