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

ANGLICANPAT · 11 November 2018 at 8:34PM

When a will states clearly that a bequest made to a charity is to help with a specific niche of the charitable help they they offer , and as executor you hear that the charity named no longer performs that precise help that the deceased wanted to champion , should the executor try and do what the deceased would have wanted ie omit this charity and allow that money to go to the charity he named to take the residue of the estate, or does he give it anyway to the charity which is still doing good work, but not the work that the deceased specifically wanted his money used for ? (Only the charity getting whats left , knows they are getting anything , not the bequested one.)

[purplesignup][/purplesignup]

elsien · 11 November 2018 at 8:38PM

If it's specified in the will that the money goes to that specific charity then you don't have a choice, you can't just ignore the bequest and give the money elsewhere.

gettingtheresometime · 11 November 2018 at 8:39PM

Whilst I appreciate the sentiments, I think if the charity is named then the bequest has to be made.

ANGLICANPAT · 11 November 2018 at 9:05PM

Hi, yes thanks, I thought that was probably the case , and of course its the easiest thing for me to do , but I just felt uncomfortable knowing the deceased's money isnt going to be used for what he wanted so felt obliged to look at options open to an executor.

Owain_Moneysaver · 11 November 2018 at 9:16PM

It depends on the exact wording of the Will.

If it's left to the Lower Sodbury Cat Society in recognition of the work they do in organising the Lower Sodbury Cat Show every year, and the LSCS no longer organise the Cat Show, I think the bequest stands.

if it's left to the Lower Sodbury Cat Society in furtherance of the work they do in organising the Lower Sodbury Cat Show, or for the purpose of funding the Cat Show, then that is an earmarked bequest for a specific purpose, and you have to obtain an assurance from the LSCS that they will accept the funds on condition they comply with the condition of the Will, or otherwise waive their claim.

As the LSCS will probably want to get their paws on the bequest, as will the residuary legatee, you as executor are likely to need to instruct your own solicitor to advise you on behalf of the estate which of the competing claims gets the money. If you pay out in error outside the terms of the Will you may be personally liable to the other legatee.

theoretica · 11 November 2018 at 10:40PM

Does any charity provide the precise help they want to champion? If so might the named charity either make a grant to the charity which does do this work or be interested in restarting this project?

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.

ANGLICANPAT · 11 November 2018 at 11:45PM

[QUOTE=Owain_Moneysaver;_you as executor are likely to need to instruct your own solicitor to advise you on behalf of the estate which of the competing claims gets the money. If you pay out in error outside the terms of the Will you may be personally liable to the other legatee.[/QUOTE]

Thanks for that , I will certainly take professional advice if I think at the end of the day that a change needs to be considered. Its a considerable amount of money so its possible that the idea of resurrecting the original purpose might be worth broaching .Depends I suppose why it was stopped in the first place. Thanks all.

Yorkshireman99 · 11 November 2018 at 11:57PM

ANGLICANPAT wrote: »

Thanks for that , I will certainly take professional advice if I think at the end of the day that a change needs to be considered. Its a considerable amount of money so its possible that the idea of resurrecting the original purpose might be worth broaching .Depends I suppose why it was stopped in the first place. Thanks all.

Be aware that this could be very expensive for personally and the estate. IMHO you should drop the matter now a let the charity have the money. It serves to warn that drafting a will in this way is bad news. Ideally wills should be clear and concise with no need for interpretation.

troubleinparadise · 12 November 2018 at 2:42AM

Do not underestimate the determination of charities to ensure they receive bequests they have been left in Wills. They have no compunction about spending their funds on legal teams to pursue the legacies, and will fight hard in court if necessary.

Tread carefully about trying to change a Will as an executor - it falls outside the simple remit and powers of an executor which is to execute a Will according to the wording. You would be spending estate funds on legal advice which could end up costing you personally.

Owain_Moneysaver · 12 November 2018 at 10:00AM

The residuary legatee is also a charity, who will be on the lookout for any bequests to other legatees which reduce their bequest.

There should be no question of changing the Will; what matters is that the executor pays out strictly in accordance with the Will, and instructing a solicitor makes it less likely the legatees (or their solicitors) will try bullying the executor.

AnotherJoe · 12 November 2018 at 11:17AM

This clearly depends on the exact wording in the will and needs legal assistance. If the money is large enough the charity will take up whatever this work is using that money, that's probabiy the easiest path, but if the money is basically being divvied up amongst charities, you've been handed a poisoned chalice.

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

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