09 January 2015
Hi, my client has asked me to prepare her will. Apart from some real property her main asset is that she is a beneficiary (one of many) of a trust. She has instructed me that the benefit is able to be treated as part of the residue of her estate. I would have thought that some specific provision would need to be included in the will. Any thoughts appreciated. Thanks.
Assuming the trust is discretionary, not fixed, then the client has no interest that can be devised. If before her death the trustee transfers to her any capital then it will form part of her estate and, if not specifically dealt with, will fall into residue.
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