The recent decision of Barsoski v. Wesley has caused will drafting lawyers to take pause after the Court analyzed the ambiguous language in the Will of Diane Barsoski (“Diane”).
Briefly, Diane’s Will provided that her house and its contents were to be held for her friend, Robert Wesley (“Robert”), to use as a home during his lifetime or for such shorter period as Robert desired. Upon the earlier of (i) Robert advising the trustees that he no longer wished to live in the home, (ii) Robert no longer living in the home, (iii) Robert’s death, or (iv) Robert predeceasing Diane, the trustees were directed to sell the home and its contents and the proceeds of the sale were to be added to a gift to the charity, St. Stephens House of London.
The Will directed that a fund be set aside to ensure that the home was maintained while Robert occupied it, and that if Robert was no longer living in the home, then the fund was to be used for Robert’s living expenses or to pay for his nursing or retirement home care or funeral expenses. The remainder of the fund would be paid to St. Stephens House of London.
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