Power of appointment - Who owns the house?

[Shorty]

This is quite a complicated issue so any help would be appreciated. Under the terms of my grandfather's will, my aunt was given the family home for her day. She was given power to appoint who would inherit the house upon her death. Appointees were restricted to two of her brothers and the issue of another brother (myself and my sisters). In the event that no appointment was made, the property was to pass by default to both of her brothers in equal shares.Both brothers predeceased my aunt without issue and one of them died intestate.

Our solicitor is investigating and, at the moment, it is looking likely that no appointment was made. In which case, it seems that the gift has failed as both default takers are deceased. In which case, what happens to the house and what is the most likely scenario? Does the house pass to the estate of the uncle who made a will or does it pass back to my grandfather's estate. And do myself and my brothers, as named appointees, have any rights as benificaries ? Or are there any other likely scenarios?

All information gratefully received.

 

[mf1]

That's not an exam question by any chance?

I'd go with the idea that the property defaults back to the grandfather's estate and works its way through, on a intestacy basis to his offspring who survived him and through to their estates.

mf

 

[Shorty]

Thanks mf1. No, unfortunately it's not an exam question! Are you saying that the house defaults to the estates of all my grandfathers offspring or just to those of the default takers? And from there to their surviving heirs?

Shorty

 

[mf1]

I would say all

That's a grand mess - I prefer my clients not to try and rule from the grave

I don't know that it happens much anymore - it was more of a rural type scenario- perhaps it does

mf

 

[Shorty]

Grand mess indeed, it will take years to sort it out. No, I don't think it happens much any more. Wonder why?

Shorty