"How would (and I suppose should) this clause properly be interpreted by the executor / solicitor?"
How would a Court interpret it, more likely.
My advice in situations like this is
(a) What are the financial implications?
(b) Is it worth it, from either perspective, to dispute the actuality/reality of the situation?
(c) What would a Court say?
(d) Who wants it to end in Court and is there any chance of resolving it amicably?
If the answer to that last bit is no-one and no chance, then perhaps it is not worth fighting over?
Aren't families just the pits?
mf
A lot of Law is about Hard Neck and bullying. I will often advise a client to walk away from a bully and spare themselves the aggravation.
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