will: condition on bequests

G_M

To clarify:

In both cases they are named institutions: it is a specific charity, and a specific university (actually college within a university...)

Mojisola

G_M wrote: »

To clarify:

In both cases they are named institutions: it is a specific charity, and a specific university (actually college within a university...)

That makes life much easier. As executor, you will have to ask them for a written reply saying that they will comply with his conditions. If they won't, the bequests will fail and the money will go to the residual beneficiary.

G_M

Cheers. Have emailed the charity who replied: "[FONT=&quot] I can confirm that the vast majority of our funds are spent in xxxxx and Trustees do not anticipate any change to this in the foreseeable future. It follows therefore that we would have problem in meeting the stipulation/condition in the will [/FONT] ".

I've asked for clarification of both "[FONT=&quot]the vast majority[/FONT] " (ie what about the rest? Can they seperate the funding?), and the suspected typo "[FONT=&quot] we would have problem[/FONT]..... ".

The college is tougher as my dad wants the bequeath to be anonymous (at least until his death) and any enquiry I make will be a give-away....

G_M

g6jns wrote: »

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.

My concern precisely.

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

This is not a concern - nationality is not race.

g6jns_2

G_M wrote: »

Cheers. Have emailed the charity who replied: "[FONT=&quot] I can confirm that the vast majority of our funds are spent in xxxxx and Trustees do not anticipate any change to this in the foreseeable future. It follows therefore that we would have problem in meeting the stipulation/condition in the will [/FONT] ".

I've asked for clarification of both "[FONT=&quot]the vast majority[/FONT] " (ie what about the rest? Can they seperate the funding?), and the suspected typo "[FONT=&quot] we would have problem[/FONT]..... ".

The college is tougher as my dad wants the bequeath to be anonymous (at least until his death) and any enquiry I make will be a give-away....

Get someone else to ask the question of the college now. After the death it should not be a problem.