Do Deathbed bequests have legal standing?

scrimperdave

My sister and I are named as joint executors in my late mother's will, written in 2005. It's simple and clear: a few tax-free sums to named beneficiaries (including £20k to my brother and £14k to me) and charities, then equal division of the remainder of the estate - loosely estimated value £200k or less - between her four children.

However, on the day she elected to refuse treatment and go onto palliative care only, she said that she wanted 5 people not named in the will to receive sums of £500 each. She was of sound mind.

Are we as executors allowed to make these payments from the estate?

Savvy_Sue

I am sorry for your loss.

I would say that if these were verbal requests only, then the only way to make these payments would be with the agreement of those whose bequests were to be reduced. And I wouldn't even ask the charities if they minded if you reduced their share, because (IMO) they'd have to object.

So, if you and your sister felt that Mother's wishes should be honoured, and you didn't mind paying those sums from your own bequests, you could just write cheques from your own accounts. You could choose whether or not to say that "Mother wished you to have this."

[As an aside, when my father died, there was no provision for his grandchildren in his will, in fact they were specifically excluded if I or any of my siblings had died before Dad. My co-executor generously sent each of them a sum of money from his own share, because he was sure Dad would have wanted them to have something, and he knew it was Mum's influence which had excluded them from the will - Dad never argued with her about anything, even if he disagreed.]

If the bequests were written and properly witnessed as a codicil, that's an entirely other matter.

So which was it, verbal or written?

getmore4less

If these are classed as gifts(while alive) then they could be debts against the estate and not require agreement from anyone.

So what was actually said?

If there is liable to be a dispute on the accounts if these are shown as debts then given the size of the estate and you shares you are looking at £1250 between the two executors.

Crabapple

There is provision in law for deathbed gifts to be valid, this is quite interesting on a recent case

http://www.qualitysolicitors.com/clapham-collinge/news/2013/11/deathbed-gifts-and-the-doctrine-of-donatio-mortis-causa

However, there has to be some attempt to hand over the subject of the gift and with a monetary one normally it would be issuing cheques even if they could not then be cashed.

The best thing in your situation would be to discuss this with the residuary beneficiaries and hopefully agree that the gifts can be made from the estate as was wanted. If they don't agree you can still make the payments from funds handed to you and any others who do agree, if you wish to do so.

scrimperdave

Thank you Crabapple, getmore4less & Savvy_Sue for your responses.

I'll show these to my sister and we'll speak to the family and try to reach an agreement to reduce our own shares to pay these amounts.

They go to her cleaners and gardener, 5 people who enabled my mother to stay in her own home for the last ten years or so. There was a genuine affection between them.

Dave

monty-doggy

I'm not able to advise you on this but I would just like to say that your mum sounds like a lovely lady and how nice you are for carrying out her wishes.

It's not everyday you hear this kind of request on here and it really touched me.

God bless your mum x

TBagpuss

if it was simply a verbal request then it is very unlikely that it would have any legal force, however, if you and your siblings all agreed, then you could pay them - strictly speaking there should be a deed of variation, but as they are relatively small amounts in the context of the size of the estate, you and your siblings could simply agree to donate £625 each from your shares of the residuary estate to make the gifts to these people.

jackyann

We did something very similar.