When an executor feels the will now doesnt reflect deceased wishes.

ANGLICANPAT

Wow , what a potential can of worms. I'd hate to think his money could be wasted on legalities and he would have thought the same , so Im doing what the will says to the letter. Thank you all very much , its cleared up all doubts I had that I should feel obliged to ' manipulate to fit better with what he had intended' . Luckily the residual amount (several hundred thousand) is larger than the bequest I was concerned about , and theres no doubts over that one, so at least the majority of his money will go exactly where he wants it .

AnotherJoe

IMO a good decision.

How about, when you pay the money to the first charity, include a note stating it was left with the intention of being used for purpose "X" (use the exact will wording) and let them worry about the legalities.

There's always a chance that will sway them to use it for those ends either directly or via another charity so your friend might get their wish fulfilled.

You dont know what the charity will do in future, or you might not have known that this charity didn't do that work any more, and so this situation could have arisen in any case without your knowledge.

A good lesson for anyone to be careful what they write in their wills. To take a silly example to make a serious point, suppose someone had put " I leave one million pounds to Battersea Dogs Home to further their work of looking after donkeys". What happens in a case like that I wonder?

Yorkshireman99

AnotherJoe wrote: »

IMO a good decision.

How about, when you pay the money to the first charity, include a note stating it was left with the intention of being used for purpose "X" (use the exact will wording) and let them worry about the legalities.

There's always a chance that will sway them to use it for those ends either directly or via another charity so your friend might get their wish fulfilled.

You dont know what the charity will do in future, or you might not have known that this charity didn't do that work any more, and so this situation could have arisen in any case without your knowledge.

A good lesson for anyone to be careful what they write in their wills. To take a silly example to make a serious point, suppose someone had put " I leave one million pounds to Battersea Dogs Home to further their work of looking after donkeys". What happens in a case like that I wonder?

Not a good idea to let the charity know you have doubts. They can search for the will if they want to.

AnotherJoe

Yorkshireman99 wrote: »

Not a good idea to let the charity know you have doubts. They can search for the will if they want to.

Why not ? And why would it be "lletting them know you have doubtsl? "
It would simply be telling them what the donor said eg "£50k left by mr Smith to your charity for the purpose of X".

unholyangel

Im another that thinks it will depend on exact wording - whether he specifically states the funds are to be used for that purpose or not (look into conditional/restricted bequests).

With the value of the estate being as it is (I don't know the exact sum but you mention several hundred thousand being left to 1 charity), then the cost of an appointment with a solicitor to check your position will be negligible against the value of the estate so don't be shy about exercising that option. Personally I'd say its even advisable for estates of much lower value.

theoretica

I am surprised no-one has mentioned contacting the charity.

Dear charity, I am executor of a will which leaves you some money 'exact wording'. Please advise whether you will accept this.

Depending on the wording of the will it may become 'restricted funds' that can only be spent on that purpose and the charity may refuse the money - it has been known.

Uxb

To be honest when dealing with any charities bequests other than the most simple (Will gives £X to charity Y and that is it) I would always advise using a solicitor.

As others have alluded to they can now be a load of money grubbing scrubbers and having a solicitor bat away any trouble makers on day 1 is a good move.

Another advantage of this is that solicitors unlike us laymen executors are entitled to charge for their time and have it deducted from the estate residual amount.
So when a charity is a part residual beneficiary is can be simply explained to them - more hassle, more time wasting, more queries and obstruction means more charges and less for you - comprendo?

ANGLICANPAT

Gosh, now, the more I know , the more I know how much I didnt know I didnt know lol! Note to self. Do not agree ever again, to deal with any will that isnt simply left to immediate family !

Savvy_Sue

I think Owain's first answer covered the situation brilliantly.

theoretica wrote: »

We had a slightly similar situation with a bequest in my family. Money was left to the local church to repair the tower and make it safe - great, except they had just finished that repair before the death. In that case the executors organised a deed of variation and the church got the money to put towards their next necessary project.

As individuals, you could quite easily do a deed of variation, but since all beneficiaries who are adversely affected by it have to agree, in this particular case you'd need to involve the charity you're planning to 'disinherit'. The only way to do this is following Owain's advice. You may be aware of this but just spelling it out.

theoretica wrote: »

I am surprised no-one has mentioned contacting the charity.

Dear charity, I am executor of a will which leaves you some money 'exact wording'. Please advise whether you will accept this.

Depending on the wording of the will it may become 'restricted funds' that can only be spent on that purpose and the charity may refuse the money - it has been known.

Covered by Owain!

ANGLICANPAT

Quick question if I may . If I see a solicitor at this point (ie probate is held although not all funds in) to ask advice on the points raised above, would I expect to get answers written /recorded for my use should I be challenged later?