Solicitor seems confused about who benefits from a will

It's important to make sure that the wording of a will is precise to ensure it matches your intentions on their assets when you die. Photograph: iStockCould please help me. This is my uncle’s will. The solicitor who is dealing with it initially told me that my mother was to inherit the residual as she is the only surviving sibling.

The solicitor now says the residual will have to be shared. I thought under Succession Act, section 91, as she is the only next of kin surviving, she would inherit.The first thing is to make it clear that I am not a solicitor, and I think you might need one before this is all over. The second thing to say is that, on first reading, I think you are right and the solicitor handling this will is wrong.

In fairness, your uncle’s handwritten will, a copy of which you helpfully included in your letter, has been witnessed by a lawyer which would lead you to think he had the benefit of legal advice. If it were me, I would suggest that for ultimate clarity there is an “other” missing in the residuary clause but, in fairness, I don’t think that this would alter any court’s interpretation of the will in your mother’s favour.So let’s look at where we are.

That brings us to the residuary clause. Residuary clauses are very important. They cover what you want to do with anything not already specifically allocated in a bequest and, importantly, they also cover what happens if the person you do leave a bequest to dies before you. Without a residuary clause, that latter scenario would see the subject of the bequest treated under the rules of intestacy even if there is a valid will.

So, unless your uncle said, for instance, that the residue goes to A, B, C, D and E, or, in the event of their prior death, to their children, if any , the presumption is that the share of the four intended beneficiaries who predeceased him fall back into the residue for the benefit of any remaining, live beneficiaries — in this case, your mother.

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