This is a simple testamentary trust in a will made in Hong Kong, and local laws shall govern.
The grantor left a share of his estate to his grandson for purpose of the latter’s colleague tuition. Here is what was written in the will “to my grandson xx, solely for his educational purposes when he reaches the age of 18 year old”.
However, due to the family feud, the trustee has not been able to cash in on one of the major real estate property located in mainland China, and thus the share that was supposed to be paid to the grandson has not been paid yet. Almost 10 years have passed and the grandson has already finished his colleague and started to look for a job now.
My question is: the purpose of the gift is no longer attainable and there is no gift over clause in the will, so how about the share that was intended for the grandson? In other words, shall the trustee still need to pay the share to the grandson now?
thanks in advance.