will: condition on bequests

G_M

Have read the recent thread here on wills/charities, but thought I'd start a new thread.

I'm named Executer for my dad and wondered if
a) I will have trouble myself ensuring his bequests are properly spent and
b) whether the Beneficiaries will have difficulties complying with the terms of the will

Amongst other things, he has 2 bequests:

1) a charity that operates both in this country, and in one other country. He has specified the money must be spent overseas.

2) a university that has funds to support students in hardship. He wants to restrict the money to supporting UK citizens rather than overseas students.

g6jns_2

G_M wrote: »

Have read the recent thread here on wills/charities, but thought I'd start a new thread.

I'm named Executer for my dad and wondered if
a) I will have trouble myself ensuring his bequests are properly spent and
b) whether the Beneficiaries will have difficulties complying with the terms of the will

Amongst other things, he has 2 bequests:

1) a charity that operates both in this country, and in one other country. He has specified the money must be spent overseas.

2) a university that has funds to support students in hardship. He wants to restrict the money to supporting UK citizens rather than overseas students.

The only way to find out is to ask the charities if they will accept the bequests with those conditions and if they will be bound by them.

WestonDave

I can't see either being a problem - for example Red Cross operate here and abroad, and would happily accept a restricted gift that requires it to be used for overseas work. Similarly I can recall from my own university days, funds to assist students from even specific villages or towns, let alone nationalities.

BobQ

Is this a DIY will?

It does seem a little strange. Concerns would be that:
- the bequest does not happen (ie cannot be done) so the sum would fall to the residual beneficiary or be divided among other beneficiaries. - a lot expense was required to make the bequest.
- the bequest might not do as he wished.

Re 1 you might need to poll all UK charities till you find one that is registered in only one other country. Then you might need to check all other countries to see if it was only registered in one other country.

Re 2 A university that has a hardship fund could probably be found but whether they would agree to ring fence the donation to just UK students I do not know.

Also if the will says "a university that has funds to support students in hardship" it does not apparently restrict it to what you say he wants.

BobQ

WestonDave wrote: »

I can't see either being a problem - for example Red Cross operate here and abroad, and would happily accept a restricted gift that requires it to be used for overseas work. Similarly I can recall from my own university days, funds to assist students from even specific villages or towns, let alone nationalities.

I agree but interpreted literally the words mean a UK charity that operates in ONE other country, so any that operate in two or more might be a problem.

I suspect there are UK charities that are intended to support specific countries by collecting in the UK.

g6jns_2

WestonDave wrote: »

I can't see either being a problem - for example Red Cross operate here and abroad, and would happily accept a restricted gift that requires it to be used for overseas work. Similarly I can recall from my own university days, funds to assist students from even specific villages or towns, let alone nationalities.

It may not be a problem but an executor needs to be sure that they deal with bequests properly otherwise they can be personally liable. It should not be difficult to get a written undertaking, or refusal, from the charities concerned.

Mojisola

G_M wrote: »

Amongst other things, he has 2 bequests:

1) a charity that operates both in this country, and in one other country. He has specified the money must be spent overseas.

2) a university that has funds to support students in hardship. He wants to restrict the money to supporting UK citizens rather than overseas students.

Does the will name a specific charity and uni or will you be expected to find ones that will comply with his wishes?

dzug1

I'm wondering if the second restriction is (these days) legal - could be construed as racial discrimination?


If the charities give you an assurance that they will observe the conditions it's not your responsibility to monitor them to check they actually do so.

basil92

I've worked for a couple of charities who have been left a legacy with restrictions on how the money was spent. It was never an issue for them, but best to contact the charities themselves to check methinks.

RAS

If it is any help, a local charity offers grants to students who must not only be permanantly resident in the UK but must also have lived in the defined local geographic area for the last x years.

Mojisola

G_M wrote: »

1) a charity that operates both in this country, and in one other country. He has specified the money must be spent overseas.

2) a university that has funds to support students in hardship. He wants to restrict the money to supporting UK citizens rather than overseas students.

dzug1 wrote: »

I'm wondering if the second restriction is (these days) legal - could be construed as racial discrimination?

If the second restriction isn't legal, then neither would the first one be okay - the money has to be spent on people in another country.

Also, UK citizens come from a range of backgrounds so the money could go to help people with a variety of ethnic origins.