Tom made a valid will in 2017. One of the provisions of the will provides as follows:

'I leave my house to my daughter, Susan. After Susan’s death the house must go to her children.'

When Tom made the will, Susan and her husband, John, had a daughter, Anna. Susan was also pregnant with her second child, Steven. Steven was not John’s child but was an extra-marital child. Susan divorced John in 2018 and then also adopted a son, Terence. Tom died in 2019. Susan died in 2020. Which of the testator’s grandchildren (i.e. Susan’s children) will inherit the house after Susan’s death?

Question

Tom made a valid will in 2017. One of the provisions of the will provides as follows:

'I leave my house to my daughter, Susan. After Susan’s death the house must go to her children.'

When Tom made the will, Susan and her husband, John, had a daughter, Anna. Susan was also pregnant with her second child, Steven. Steven was not John’s child but was an extra-marital child. Susan divorced John in 2018 and then also adopted a son, Terence. Tom died in 2019. Susan died in 2020. Which of the testator’s grandchildren (i.e. Susan’s children) will inherit the house after Susan’s death?

Answer

Only the grandchildren of which the testator was aware when he made the will, therefore only Anna and Steven.

Answer

All the grandchildren who were alive at the time of the devolution of the benefit, therefore Anna, Steven and Terence.

Answer

Only the testator’s legitimate biological grandchild, therefore only Anna.

Answer

Only the testator’s biological grandchildren, therefore only Anna and Steven.

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Tom made a valid will in 2017. One of the provisions of the will provides as fol...

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